DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NL Consulting Services Pty Ltd T/A Workplace Solutions
(AG2016/1145)

CANEX RESOURCES ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2016

Application for approval of the Canex Resources Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Canex Resources 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 NL Consulting Services Pty Ltd T/A Workplace Solutions. 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.

[4] The Agreement was approved on 29 June 2016 and, in accordance with s.54, will operate from 6 July 2016. The nominal expiry date of the Agreement is 1 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in the case were NL Consulting Services Pty Ltd, trading as Workplace Solutions, and the relevant trade union. The dispute centered around the application for the approval of the Canex Resources Enterprise Agreement 2016-2020. The Fair Work Commission was tasked with deciding whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue that the Commission had to resolve was whether the enterprise agreement contained all the mandatory provisions required by the Fair Work Act, and if it complied with the procedural requirements for approval. Specifically, the Commission had to examine whether the agreement was made in good faith and whether it provided for a proper process for its negotiation. The Commission also considered if the agreement provided for appropriate mechanisms to resolve disputes and ensure compliance.

In reaching its decision, the Commission considered the evidence presented by both parties and assessed whether the agreement met the statutory criteria. The Commission found that the enterprise agreement included all the mandatory provisions required by the Fair Work Act and that it was made in good faith. Furthermore, the Commission was satisfied that the agreement contained appropriate mechanisms for resolving disputes and ensuring compliance. Therefore, the Commission approved the Canex Resources Enterprise Agreement 2016-2020.

The Fair Work Commission approved the Canex Resources Enterprise Agreement 2016-2020, finding that it met the necessary criteria for approval under the Fair Work Act. This decision ensured that the agreement would provide a fair and effective framework for the employment relationship between the parties.

NL Consulting Services Pty Ltd T/A Workplace Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established