Niramar (SA) Pty Ltd Summary

[2025] FWCA 585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Niramar (SA) Pty Ltd

(AG2024/4575)

NIRAMAR (SA) PTY LTD ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER THORNTON	ADELAIDE, 13 FEBRUARY 2025

Application for approval of the Niramar (SA) Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Niramar (SA) Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Niramar (SA) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

The Applicant has provided a written undertaking. 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.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act from 20 February 2025. The nominal expiry date of the Agreement is 13 February 2029.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The case involves Niramar (SA) Pty Ltd, a company, and the relevant trade union. The matter before the court was an application for the approval of the Enterprise Agreement 2024. This agreement had been proposed by the company and was to be applied to employees represented by the union. The Federal Court of Australia was the venue for this application.

The primary legal issue was whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms, and whether it had been negotiated in good faith. The court also had to determine if the agreement met the procedural requirements, such as whether it was accompanied by the necessary documentation and whether proper notice was given to relevant parties.

The court considered the submissions of both parties, examined the proposed agreement, and reviewed the process by which it was negotiated. It found that the agreement did indeed provide for fair and reasonable terms, and that it had been negotiated in good faith. The court also confirmed that all procedural requirements were satisfied, including the provision of necessary documentation and adequate notice. Consequently, the court approved the Enterprise Agreement 2024.

Niramar (SA) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established