DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Next Living Pty Ltd
(AG2016/6063)

NEXT LIVING PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the Next Living Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Next Living Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Next Living Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 9 November 2016 and, in accordance with s.54, will operate from 16 November 2016. The nominal expiry date of the Agreement is 9 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Next Living Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement 2016-2020, which it had entered into with its employees. The application was opposed by several unions and individuals who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The central legal issues revolved around whether the agreement provided for the appropriate minimum terms and conditions of employment, and whether it was made in good faith and without coercion.

The Fair Work Commission found that the Enterprise Agreement 2016-2020 did provide for the appropriate minimum terms and conditions of employment and was made in good faith and without coercion. The Commission considered that the agreement met the requirements of the Fair Work Act 2009, and that it was appropriate to approve the agreement. The Commission rejected the arguments of the unions and individuals who opposed the agreement, finding that they had not demonstrated that the agreement did not meet the requirements of the Act.

The Fair Work Commission approved the Enterprise Agreement 2016-2020, and it became legally binding on the parties from the date of the Commission's decision. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was appropriate to facilitate the operation of a productive and efficient workplace. The Commission also found that the agreement was made in good faith and without coercion, and that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission made an order approving the Enterprise Agreement 2016-2020, and it became legally binding on the parties from the date of the Commission's decision. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that a copy of the agreement be provided to the Fair Work Ombudsman. The Commission's decision is final and binding, and cannot be appealed except on limited grounds.

Next Living 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