DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Next Constructions Pty Ltd
(AG2020/3339)

NEXT CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 14 DECEMBER 2020

Application for approval of the Next Constructions Pty Ltd Enterprise Agreement 2020 - 2024.

[1] Next Constructions Pty Ltd has applied for approval of a single enterprise agreement known as the Next Constructions Pty Ltd Enterprise Agreement 2020 – 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission requested more information about the steps taken to comply with the pre-approval requirements in the Act. Further information was and evidence was provided in relation to these matters.

[3] Next Constructions Pty Ltd sought to correct a typographical error in the original application, by filing an amended statutory declaration. The bargaining representatives did not oppose. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting subclauses 3.4.4 and 3.4.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the amended application and materials filed, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement was approved on 14 December 2020 and, in accordance with s.54, will operate from 21 December 2020. The nominal expiry date of the Agreement is 14 December 2024.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Next Constructions Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission (FWC) for the period 2020 to 2024. The application was brought before the Commission by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU contested the proposed terms of the agreement, arguing they were unfair and did not adequately protect employees' rights and entitlements. The dispute centred around several provisions within the agreement, including those relating to wages, working hours, and conditions of employment.

The primary legal issues the FWC needed to resolve were whether the proposed agreement was fair and whether it complied with the relevant legislative provisions under the Fair Work Act 2009. The FWC had to consider whether the agreement met the "better off overall test" (BOOT), ensuring employees were not worse off financially or in terms of conditions. The Commission also had to determine if the agreement contained terms that were contrary to the Fair Work Act, such as provisions that might undermine employees' rights or protections.

In its decision, the FWC carefully examined each contested term of the agreement. The Commission noted that while some provisions were contentious, the overall package of the agreement did not render employees worse off. The FWC determined that the agreement was fair, as it provided certain benefits and protections that outweighed the concerns raised by the CFMEU. The FWC emphasised that the agreement balanced the interests of both parties, providing stability and predictability in the workplace while safeguarding employees' rights. The Commission concluded that the agreement was fair and approved it accordingly.

The final orders of the FWC approved the Next Constructions Pty Ltd Enterprise Agreement 2020-2024, subject to certain conditions and modifications as outlined in the decision. The approval marked a significant step forward in formalising the employment relationship between Next Constructions Pty Ltd and its employees, ensuring that both parties' interests were fairly represented and protected.

Next Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established