Noble Concrete and Excavations Pty Ltd Summary

[2013] FWCA 7831

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Noble Concrete and Excavations Pty Ltd
(AG2013/2554)

NOBLE CONCRETE PUMPING & EMPLOYEES ENTERPRISE AGREEMENT 2013 - 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 8 OCTOBER 2013

Application for approval of the Noble Concrete Pumping & Employees Enterprise Agreement 2013-2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Noble Concrete Pumping & Employees Enterprise Agreement 2013-2016 (the Agreement). The application was made by Noble Concrete and Excavations Pty Ltd pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 15 October 2013. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

Noble Concrete and Excavations Pty Ltd applied to the Fair Work Commission for the approval of the Noble Concrete Pumping & Employees Enterprise Agreement 2013-2016. The application was made under section 233 of the Fair Work Act 2009. The dispute centred on the fairness and compliance of the proposed agreement with the statutory requirements of the Act.

The legal issues that the Commission was required to decide involved whether the agreement met the "better off overall test" under section 230 of the Act and whether the agreement was made in good faith. The Commission had to examine if the proposed agreement provided employees with benefits that were at least as good as the existing industrial instrument or the relevant awards, and whether the agreement was negotiated genuinely and in good faith.

The Fair Work Commission found that the proposed agreement met the "better off overall test". It determined that the employees would benefit from the proposed agreement as it provided them with improved wages and conditions, and additional benefits such as leave entitlements. The Commission was satisfied that the agreement was made in good faith, as there was evidence of genuine negotiation between the parties. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Noble Concrete Pumping & Employees Enterprise Agreement 2013-2016 under section 233 of the Fair Work Act 2009. The agreement was deemed to be fair and compliant with the statutory requirements of the Act, including the "better off overall test" and the good faith requirement.

Noble Concrete and Excavations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established