DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neylor Holdings Pty Ltd T/A Neylor
(AG2018/2296)

NEYLOR ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER SAUNDERS	NEWCASTLE, 22 AUGUST 2018

Application for approval of the Neylor Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Neylor Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neylor Holdings Pty Ltd T/A Neylor. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2018. The nominal expiry date of the Agreement is 21 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Neylor Holdings Pty Ltd trading as Neylor, sought the Fair Work Commission's approval of the Neylor Enterprise Agreement 2018, which was a proposed agreement between the company and its employees. The respondents, who included various unions, opposed the approval on several grounds, including concerns about the agreement's impact on employee entitlements and conditions. The matter was heard by the Fair Work Commission, which was required to consider the application and objections and determine whether the agreement should be approved.

The central legal issues before the Commission were whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009 and whether it met the 'better off overall test'. The Commission had to assess whether the agreement provided employees with a minimum rate of pay and conditions that were no less favourable than those provided by the relevant industrial instrument or award. Additionally, the Commission needed to ensure that the agreement was genuinely negotiated and that it complied with procedural requirements.

In considering these issues, the Commission examined the proposed agreement's provisions and the submissions made by both parties. It found that the agreement provided employees with improved conditions and entitlements compared to the applicable awards and industrial instruments. The Commission concluded that the agreement met the 'better off overall test' and was fairly and genuinely negotiated. It also determined that the agreement complied with all procedural requirements and statutory obligations. Accordingly, the Commission approved the Neylor Enterprise Agreement 2018.

The Fair Work Commission approved the Neylor Enterprise Agreement 2018, finding that it complied with all legal requirements and provided employees with improved conditions and entitlements. The Commission found that the agreement met the 'better off overall test' and was fairly and genuinely negotiated. The approval of the agreement now allows the terms and conditions outlined in the agreement to apply to the employees covered by the agreement.

Neylor Holdings Pty Ltd T/A Neylor

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established