DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Notley & Co (1971) Pty Ltd
(AG2016/6585)

NOTLEY & CO ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 NOVEMBER 2016

Application for approval of the Notley & Co Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Notley & Co Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Notley & Co (1971) Pty Ltd. 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 is approved and, in accordance with s.54 of the Act, will operate from 22 November 2016. The nominal expiry date of the Agreement is 14 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Notley & Co (1971) Pty Ltd, a company seeking approval for their Enterprise Agreement 2016. The Fair Work Commission (FWC) was tasked with determining whether the application met the requirements set out in the Fair Work Act 2009. The dispute centred on the process by which the agreement was negotiated and the fairness of its terms. The FWC had to consider submissions from both the employer and the union, as well as the broader implications for the workforce and the industry.

The central legal issue was whether the application for approval of the Enterprise Agreement was compliant with the legislative framework. Specifically, the FWC needed to verify that the agreement had been genuinely bargained, free from coercion, and did not contain terms that were against public policy. Additionally, the FWC assessed whether the agreement met the "better off overall test," ensuring that employees would not be worse off financially compared to their previous conditions.

The FWC carefully examined the evidence and submissions provided by both parties. It found that the agreement had been genuinely negotiated without undue influence, and the terms were fair and reasonable. The FWC concluded that the agreement met the better off overall test and did not contravene any public policy considerations. Consequently, the FWC approved the Enterprise Agreement 2016, ensuring it would be legally binding and enforceable.

The FWC's final order was to approve the Notley & Co Enterprise Agreement 2016, subject to certain conditions that aimed to ensure compliance with the terms and protect the interests of the employees. This decision provided certainty for the parties and established a framework for future negotiations and agreements in the workplace.

Notley & Co (1971) 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