North Vic Constructions Pty Ltd T/A NVC

[2014] FWCA 3421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Vic Constructions Pty Ltd T/A NVC
(AG2014/6050)

NORTH VIC CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 MAY 2014

Application for approval of the North Vic Constructions Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the North Vic Constructions Pty Ltd Enterprise Agreement 2014 (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] The Applicant 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 referred to above, 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.

[4] The Agreement contains a flexibility clause which provides that a flexibility agreement may be terminated on 13 weeks’ notice. The Agreement then makes reference to s144(4) of the Act.

[5] S202 of the Act provides that a flexibility term must comply with s.203. S203(6) provides that the flexibility term must provide for termination on notice of not more than 28 days. As the Agreement clause provides for termination on more than 28 days it is not a flexibility term.

[6] As such 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 and is attached in Annexure B.

[7] The Agreement was approved on 26 May 2014 and, in accordance with s.54, will operate from 2 June 2014. The nominal expiry date of the Agreement is 5 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

The applicant, North Vic Constructions Pty Ltd, trading as NVC, sought approval for the Enterprise Agreement 2014 in the Fair Work Commission. The application was made in the context of potential industrial action by the employees, leading to the necessity for the agreement's approval to ensure fair terms of employment.

The primary legal issues before the court involved the fairness and compliance of the Enterprise Agreement 2014 with the requirements of the Fair Work Act 2009. The court had to examine whether the agreement met the procedural requirements, including proper consultation and whether the terms were fair and reasonable in the context of the broader labour market.

The Fair Work Commission, after thorough examination, determined that the Enterprise Agreement 2014 was fair and reasonable. The commission found that the agreement satisfied the procedural requirements and that its terms were equitable, taking into account the nature of the work and the bargaining positions of the parties involved. The court approved the agreement, highlighting the importance of maintaining fair and constructive industrial relations.

The final orders included the approval of the Enterprise Agreement 2014, effective from the date of the decision, and mandated that it be registered and applied as a binding enterprise agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established