Nomad Building Solutions

[2013] FWCA 21

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nomad Building Solutions
(AG2012/8720)

NOMAD BUILDING SOLUTIONS (WA & QLD) ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 JANUARY 2013

Application for approval of the Nomad Building Solutions (WA & QLD) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Nomad Building Solutions (WA & QLD) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] I had some concerns regarding clause 1.18. in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representatives for this agreement have indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Nomad Building Solutions (Nomad) and a group of its employees. The dispute revolved around the approval of the Nomad Building Solutions (WA & QLD) Enterprise Agreement 2012. The Fair Work Commission was the court responsible for making the decision.

The primary legal issue before the Commission was whether the Enterprise Agreement met the statutory requirements for approval. Specifically, the Commission needed to determine if the agreement had been made in good faith, if it contained the necessary minimum terms and conditions, and if it complied with other relevant provisions of the Fair Work Act 2009. The Commission also needed to consider whether the agreement was in the best interests of the employees.

The Commission found that the Enterprise Agreement had been made in good faith and contained the required minimum terms and conditions. It also found that the agreement was in the best interests of the employees, taking into account their views and the overall benefits provided by the agreement. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act 2009. Therefore, the Commission approved the Nomad Building Solutions (WA & QLD) Enterprise Agreement 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established