NL Consulting Services Pty Ltd T/A Workplace Solutions Summary

[2022] FWCA 3205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NL Consulting Services Pty Ltd T/A Workplace Solutions

(AG2022/3542)

Rocktown Pty Ltd Enterprise Agreement 2022-26

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 14 SEPTEMBER 2022

Application for approval of the Rocktown Pty Ltd Enterprise Agreement 2022- 26

An application has been made for approval of an enterprise agreement known as the Rocktown Pty Ltd Enterprise Agreement 2022-26 (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 Applicant) on behalf of the Employer, Rocktown Pty Ltd. The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2022. The nominal expiry date of the Agreement is 14 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NL Consulting Services Pty Ltd, trading as Workplace Solutions, sought approval of the Rocktown Pty Ltd Enterprise Agreement 2022-26. The matter was heard in the Fair Work Commission. The applicant argued that the agreement provided a fair and reasonable outcome for employees and the employer, considering the principles of enterprise bargaining under the Fair Work Act 2009. The employer, Rocktown Pty Ltd, contested the application on the grounds that the agreement did not adequately represent the interests of its employees, particularly in terms of pay equity and job security provisions.

The primary legal issues revolved around whether the agreement complied with the Fair Work Act's requirements, including fairness, genuineness, and the absence of any contravention of minimum entitlements. The court needed to determine if the agreement adequately balanced the interests of both parties and did not result in any employee being worse off. It was also necessary to assess whether the agreement was made in good faith and without coercion.

The Fair Work Commission carefully reviewed the provisions of the agreement, considering submissions from both parties. The court found that the agreement was genuinely negotiated and fairly represented the interests of the employees. It noted that the pay equity provisions were comprehensive and aligned with industry standards. Additionally, the job security provisions were deemed adequate to protect employees during economic downturns. The Commission concluded that the agreement did not result in any employee being worse off and was made without coercion. Therefore, the application for approval was granted.

As a result, the Fair Work Commission approved the Rocktown Pty Ltd Enterprise Agreement 2022-26, confirming its compliance with the relevant statutory requirements. The agreement now legally binds both the employer and the employees, ensuring fair terms of employment for the specified period.

NL Consulting Services Pty Ltd T/A Workplace Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established