| [2018] FWCA 1088 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Nexus Inc
(AG2018/2)
HACSU - Nexus Inc. Enterprise Agreement 2016
| Tasmania | |
| Commissioner Saunders | NEWCASTLE, 20 FEBRUARY 2018 |
Application for approval of the HACSU - Nexus Inc. Enterprise Agreement 2016.
An application has been made for approval of an enterprise agreement known as the HACSU - Nexus Inc. Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nexus Inc. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings.
Subject to the Undertakings, 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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Health Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2018. The nominal expiry date of the Agreement is 31 May 2019.
COMMISSIONER
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ANNEXURE A
- AGLC
- Nexus Inc [2018] FWCA 1088
- Case
- [2018] FWCA 1088
- Decision Date
CaseChat Overview and Summary
The Commission considered several aspects of the agreement, including the classification and remuneration of employees, the dispute resolution mechanisms, and the overall fairness of the terms. The HSU argued that the agreement provided for fair and reasonable terms and conditions, while Nexus Inc contended that certain provisions were not reasonable. The Commission examined the evidence and submissions from both parties, focusing on the balance between the interests of the employer and employees, and whether the agreement was consistent with the principles of the Fair Work Act. The Commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the enterprise and the nature of the work involved.
In approving the agreement, the Commission noted that it provided for a comprehensive set of terms and conditions that addressed the needs of both parties. The agreement included provisions for wage increases, improved working conditions, and a clear process for resolving disputes. The Commission found that the agreement was consistent with the principles of the Act and provided for fair and reasonable terms and conditions of employment. The Commission therefore approved the HACSU - Nexus Inc. Enterprise Agreement 2016, effective from the date of the decision.
Orders
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Background
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Evidence
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