Neylor Holdings Pty Ltd T/A Neylor Architectural Shading Summary

[2014] FWCA 3793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neylor Holdings Pty Ltd T/A Neylor Architectural Shading
(AG2014/5925)

NEYLOR ARCHITECTURAL SHADING ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 JUNE 2014

Application for approval of the Neylor Architectural Shading Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Neylor Architectural Shading Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Neylor Holdings Pty Ltd, trading as Neylor Architectural Shading, sought approval of the Neylor Architectural Shading Enterprise Agreement 2014. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the necessary criteria for registration. The commission had to determine if the agreement was a genuine enterprise agreement, if it was free from prohibited content, and if it complied with the procedural requirements for approval.

The primary legal issues were whether the agreement was genuinely negotiated between the employer and employees, if it was free from prohibited content, and if it adhered to the procedural requirements for approval. The court had to consider if there was genuine bargaining between the parties, if the agreement did not contain prohibited content, and if the agreement was made in good faith and was otherwise compliant with the Fair Work Act. Additionally, the commission needed to assess if the agreement was properly certified as a simple or low-risk agreement.

The Fair Work Commission found that the agreement was a genuine enterprise agreement that complied with the statutory requirements. The commission was satisfied that the agreement was negotiated in good faith, did not contain prohibited content, and met the procedural criteria for approval. The agreement was found to be a simple agreement, and the employer had correctly certified it as such. Therefore, the commission approved the Neylor Architectural Shading Enterprise Agreement 2014.

Neylor Holdings Pty Ltd T/A Neylor Architectural Shading

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established