DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nortek Developments Pty Ltd
(AG2020/825)

NORTEK DEVELOPMENTS NSW SOUTH WESTERN ENTERPRISE AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 14 MAY 2020

Application for approval of the Nortek Developments NSW South Western Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Nortek Developments NSW South Western Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Nortek Developments Pty Ltd (Employer). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2020. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nortek Developments Pty Ltd applied to the Fair Work Commission for approval of the Nortek Developments NSW South Western Enterprise Agreement 2019. The respondent, the Electrical Trades Union of Australia, objected to the application on the basis that the agreement failed to provide adequate protections for casual employees. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for adequate terms and conditions for all employees, including casual employees, and whether it met the criteria for a single-enterprise agreement.

The Commission examined the provisions of the agreement and the submissions made by both parties. It found that the agreement contained provisions for casual employees that were consistent with the Fair Work Act, including provisions for loading, penalty rates, and leave entitlements. The Commission also considered the evidence provided by the parties regarding the bargaining process and concluded that the agreement was the product of genuine bargaining. Based on this analysis, the Commission determined that the agreement met the requirements of the Act and approved it.

The Fair Work Commission approved the Nortek Developments NSW South Western Enterprise Agreement 2019, finding that it provided for adequate terms and conditions for all employees and met the criteria for a single-enterprise agreement. The Commission rejected the objection raised by the respondent and determined that the agreement was fair and reasonable. The approval of the agreement ensures that employees covered by the agreement will receive the benefits and protections provided for in the agreement. The decision provides clarity for employers and employees in the electrical industry in New South Wales's South Western region.

Nortek Developments Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established