DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nortruss Group
(AG2017/4669)

NORTRUSS GROUP ENTERPRISE AGREEMENT 2017

Northern Territory
COMMISSIONER LEE	MELBOURNE, 16 JANUARY 2018

Application for approval of the Nortruss Group Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nortruss Group 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 Nortruss Group. The Agreement is a multi-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 is approved and, in accordance with s.54 of the Act, will operate from 23 January 2018. The nominal expiry date of the Agreement is 15 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Nortruss Group, a company engaged in the design and manufacture of steel trusses, sought approval of their 2017 Enterprise Agreement from the Fair Work Commission (FWC). The applicant union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), and the employer had negotiated the agreement, which was to cover employees who were previously covered under an expired agreement. The union and employer sought to have the new agreement registered under the Fair Work Act 2009, and the FWC was required to determine whether the agreement met the necessary criteria for approval.

The primary legal issue before the FWC was whether the 2017 Enterprise Agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the FWC had to determine whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. The FWC also had to consider whether the agreement adequately protected the rights and interests of the employees, including provisions related to minimum wages, leave entitlements, and other conditions of employment. Additionally, the FWC needed to ensure that the agreement was not contrary to public policy or the spirit of the Act.

In delivering its decision, the FWC considered the evidence presented by both parties and the provisions of the agreement. The FWC found that the agreement had been made in good faith and contained provisions that were fair and efficient for the workplace. The FWC also determined that the agreement provided adequate protection for the employees' rights and interests, including minimum wages and leave entitlements. The FWC was satisfied that the agreement did not contravene public policy or the spirit of the Act. Accordingly, the FWC approved the 2017 Enterprise Agreement, finding that it met all the necessary criteria for registration under the Fair Work Act.

The FWC approved the Nortruss Group Enterprise Agreement 2017 and ordered its registration with the Fair Work Commission. The agreement would now govern the employment conditions of the employees previously covered under the expired agreement. The decision provides clarity for both the employer and employees regarding the terms and conditions of their employment, and it ensures that the agreement complies with the requirements of the Fair Work Act.

Nortruss Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established