NOV Australia Pty Ltd Summary

[2016] FWCA 2664

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NOV Australia Pty Ltd

(AG2016/2400)

NOV AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries

COMMISSIONER LEE

MELBOURNE, 28 APRIL 2016

Application for approval of the NOV Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

NOV Australia Pty Ltd 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 NOV

Australia 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers and The Australian Manufacturing Workers’ Union

being a bargaining representative for the Agreement, has given notice under s.183 of the Act

that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement

covers the organisation.
[2016] FWCA 2664

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

5 May 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2664

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the NOV Australia Pty Ltd Enterprise Agreement 2016, under section 185 of the Fair Work Act 2009. The applicant, NOV Australia Pty Ltd, sought to have the agreement approved by the Fair Work Commission. The agreement was a single enterprise agreement that covered employees of the company.

The legal issues before the court included whether the agreement met the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, and whether the agreement would cause financial detriment to any employee or result in substantial changes. The court also had to determine whether the model consultation term prescribed by the Fair Work Regulations 2009 would be a term of the agreement. Additionally, the court had to consider whether the National Union of Workers and the Australian Manufacturing Workers' Union, who were bargaining representatives for the agreement, wanted it to cover them.

The court found that the applicant had provided written undertakings that met the requirements of the Fair Work Act. The court was satisfied that the undertakings would not cause financial detriment to any employee covered by the agreement and that they would not result in substantial changes to the agreement. The court also found that the model consultation term would be a term of the agreement. Finally, the court noted that the bargaining representatives had given notice under section 183 of the Act that they wanted the agreement to cover them, and that the agreement would cover the organisation.

The court approved the agreement and ordered that it would operate from 5 May 2016. The nominal expiry date of the agreement was set at 31 December 2018. The court's decision was based on the satisfaction of all the legal requirements and the undertakings provided by the applicant.

NOV Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established