DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NL Consulting Services Pty Ltd T/A Workplace Solutions
(AG2019/3993)

ROCKTOWN SHAFT & TUNNEL PTY LTD WORKS AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 31 OCTOBER 2019

Application for approval of the Rocktown Shaft & Tunnel Pty Ltd Works Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the Rocktown Shaft & Tunnel Pty Ltd Works Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a greenfields agreement and the application for its approval was made on behalf of Rocktown Shaft & Tunnel Pty Limited (the Employer) by its appointed bargaining representative, NL Consulting Services Pty Ltd T/A Workplace Solutions (the Applicant). The Applicant is a bargaining representative in accordance with s.177(c) of the Act.

[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. In particular, I am satisfied that The Australian Workers’ Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2019. The nominal expiry date of the Agreement is 30 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NL Consulting Services Pty Ltd, trading as Workplace Solutions, sought approval for the Rocktown Shaft & Tunnel Pty Ltd Works Agreement 2019-2023. The application was made to the Fair Work Commission (FWC) under section 237 of the Fair Work Act 2009. The agreement aimed to regulate the terms and conditions of employment for workers engaged by Rocktown Shaft & Tunnel Pty Ltd.

The primary legal issue was whether the proposed agreement complied with the requirements of section 230 of the Fair Work Act, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions. Specifically, the dispute centred on whether certain provisions of the agreement concerning penalty rates and shift allowances were fair and reasonable. The applicant argued that the provisions were necessary to maintain productivity and operational efficiency, while the objector contended that the provisions unfairly disadvantaged workers by reducing their compensation.

In determining the matter, the FWC assessed the provisions in light of the overall fairness and reasonableness of the agreement. The Commission found that the proposed penalty rates and shift allowances were justified to maintain the operational efficiency of the business, considering the unique nature of the industry and the need to attract and retain skilled workers. The FWC concluded that the agreement provided for fair and reasonable terms and conditions, as required by the Fair Work Act. Consequently, the application for approval was granted.

The Fair Work Commission approved the Rocktown Shaft & Tunnel Pty Ltd Works Agreement 2019-2023, determining that it met the statutory requirements for fairness and reasonableness. The Commission's decision recognised the necessity of the specific provisions to ensure the continued operation and productivity of the business. This outcome provides clarity for both the applicant and the workers involved, ensuring that the agreement is legally binding and enforceable.

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