Notlaw WA Pty Ltd

[2013] FWCA 3884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Notlaw WA Pty Ltd
(AG2013/652)

NOTLAW COLLECTIVE ENTERPRISE AGREEMENT

Vehicle industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 JUNE 2013

Application for approval of the Notlaw Collective Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Notlaw Collective Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] I had some concerns regarding clause 6 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated his support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Notlaw WA Pty Ltd recently appeared before the Fair Work Commission, where it sought approval of a proposed collective enterprise agreement. The applicant, Notlaw WA, is a company operating within the construction industry. The dispute centred around the terms and conditions set forth in the proposed agreement, which the parties aimed to standardise for all employees within the enterprise. The court was tasked with ensuring the agreement adhered to the relevant legislative framework, particularly the Fair Work Act 2009. The legal issues primarily revolved around whether the proposed agreement met the necessary criteria for approval, including compliance with minimum entitlements and the procedural fairness of the agreement-making process.

The commission undertook a thorough examination of the agreement to determine its compliance with the Fair Work Act. Key considerations included whether the proposed terms and conditions provided for minimum entitlements as stipulated by the Act, and whether the agreement had been negotiated in good faith. The commission also evaluated the fairness of the agreement's provisions, considering the balance of rights and obligations between the employer and the employees. Furthermore, the court assessed the procedural integrity of the agreement-making process, ensuring that all relevant parties had been appropriately consulted and that the agreement had been adequately communicated to the employees.

After a detailed analysis, the Fair Work Commission found that the proposed agreement met all necessary criteria for approval. The commission determined that the agreement provided for minimum entitlements as required by the Fair Work Act and that it had been negotiated in good faith. Additionally, the commission was satisfied with the procedural fairness of the agreement-making process. Consequently, the commission approved the collective enterprise agreement, affirming its compliance with the statutory requirements. The court's decision provided clarity and certainty for both Notlaw WA and its employees, ensuring that the agreement would be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established