DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norwest Personnel Pty Ltd
(AG2021/4833)

NORWEST PERSONNEL ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 5 MAY 2021

Application for approval of the Norwest Personnel Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Norwest Personnel Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Norwest Personnel Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

[3] The Agreement is approved and in accordance with s.54, will operate from 12 May 2021. The nominal expiry date of the Agreement is 4 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Norwest Personnel Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the Norwest Personnel Enterprise Agreement 2020. The application was made by Norwest Personnel, an employer, seeking to formalise the terms and conditions of employment for their employees as outlined in the proposed agreement. The nature of the dispute involved scrutiny of the agreement's provisions to ensure compliance with the Fair Work Act 2009, particularly concerning fairness, and the avoidance of unnecessary complexity or detriment to employees.

The primary legal issues before the Commission were whether the proposed agreement met the requirements set out in the Fair Work Act, including ensuring that the agreement was not contrary to public interest, did not unfairly discriminate, and provided for a safety net of minimum wages and conditions. The Commission also needed to determine if the agreement appropriately balanced the interests of the employer and employees, and whether it contained provisions that were excessively complex or detrimental to employees.

The Fair Work Commission, after thorough examination, found that the Norwest Personnel Enterprise Agreement 2020 complied with the legislative requirements. The Commission noted that the agreement contained provisions that were fair and balanced, did not unfairly discriminate against any group of employees, and provided a safety net of minimum wages and conditions. Furthermore, the agreement was not overly complex and did not result in any detriment to the employees. Consequently, the Commission approved the agreement, recognising its adherence to the legislative standards and its reasonable approach to balancing the interests of the parties involved. The approval of the agreement ensures that it will now form the basis of employment conditions between Norwest Personnel and its employees.

Norwest Personnel 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