DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North-Vic Constructions Pty Ltd
(AG2017/5783)

NORTH VIC CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 FEBRUARY 2018

Application for approval of the North Vic Constructions Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the North Vic Constructions Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North-Vic Constructions Pty Ltd T/A NVC. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 22 February 2018 and, in accordance with s.54, will operate from 1 March 2018. The nominal expiry date of the Agreement is 21 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In this case, the Fair Work Commission was presented with an application for the approval of the North Vic Constructions Pty Ltd Enterprise Agreement 2017. The application was made by North Vic Constructions Pty Ltd, and the dispute centred on the terms and conditions of employment contained within the proposed agreement. The Commission was tasked with ensuring that the agreement complied with the relevant provisions of the Fair Work Act 2009. The legal issues before the Commission involved a thorough examination of the proposed enterprise agreement to determine whether it met the necessary criteria for approval under the Act, including whether it provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission began by reviewing the overall structure and content of the agreement, paying close attention to its compliance with the provisions of the Fair Work Act. The key issues included whether the agreement adequately addressed minimum entitlements, such as rates of pay and leave provisions, as well as whether it contained terms that were fair and reasonable in all respects. The Commission considered the submissions from both parties, along with any relevant evidence or arguments presented. It was necessary to ensure that the agreement did not unjustifiably disadvantage any party and that it was made in good faith. The Commission also needed to assess whether the agreement provided for proper mechanisms to resolve any disputes that might arise in the future.

After considering the evidence and arguments, the Commission found that the proposed enterprise agreement met the necessary criteria for approval. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and it complied with all relevant provisions of the Fair Work Act. The Commission highlighted that the agreement included provisions for minimum entitlements, as well as mechanisms for dispute resolution. The terms were found to be fair and reasonable in all respects, and the Commission was satisfied that the agreement had been made in good faith. As a result, the application for approval of the North Vic Constructions Pty Ltd Enterprise Agreement 2017 was successful.

The Fair Work Commission approved the enterprise agreement, subject to its registration with the Fair Work Commission. The approval was effective from the date of the decision, and the agreement was to be implemented accordingly. This decision provided clarity and certainty for the parties involved, ensuring that the terms and conditions of employment were fair and reasonable, and in compliance with the relevant legislation.

North-Vic Constructions Pty Ltd

DECISION

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