DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NL Consulting Services Pty Ltd T/A Workplace Solutions
(AG2021/5303)

ROCKTOWN NSW PRECAST YARDS ENTERPRISE AGREEMENT 2021

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 10 JUNE 2021

Application for approval of the Rocktown NSW Precast Yards Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Rocktown NSW Precast Yards Enterprise Agreement 2021 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 8.7 - Public Holidays.

However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

NL Consulting Services Pty Ltd, trading as Workplace Solutions, filed an application for approval of the Rocktown NSW Precast Yards Enterprise Agreement 2021. The application was brought before the Fair Work Commission, which oversees the approval of enterprise agreements under the Fair Work Act 2009. The application sought the Commission's approval to formalise the terms and conditions of employment for employees within the Rocktown NSW Precast Yards, as negotiated by the applicant and the relevant unions.

The legal issues before the Commission involved determining whether the agreement met the legal requirements for approval under the Fair Work Act. Specifically, the Commission had to assess whether the agreement was made in good faith and whether it provided for the terms and conditions of employment of the parties in a manner that was fair and reasonable. This involved examining the negotiation process, the content of the agreement, and whether it met the necessary criteria for approval.

In its decision, the Commission examined the negotiation process and found that it was conducted in good faith. The Commission also reviewed the terms and conditions contained within the agreement and determined that they were fair and reasonable. The Commission was satisfied that the agreement met all the necessary criteria for approval under the Act. Consequently, the Commission approved the Rocktown NSW Precast Yards Enterprise Agreement 2021.

The Fair Work Commission approved the Rocktown NSW Precast Yards Enterprise Agreement 2021, confirming that the agreement met the necessary legal requirements for approval. The Commission's decision was based on its assessment that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The approval of the agreement will now govern the employment conditions for the employees within the Rocktown NSW Precast Yards.

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