DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Novak Enterprises P/L
(AG2016/7683)

NOVAK ENTERPRISES P/L METALS LABOUR HIRE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 FEBRUARY 2017

Application for approval of the Novak Enterprises P/L Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Novak Enterprises P/L Metals Labour Hire 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 Novak Enterprises P/L. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Metals Labour Hire Agreement 2016 by Novak Enterprises P/L. The application was brought before the Fair Work Commission in Australia, which was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement contained all the required provisions as stipulated by the Act and if it complied with the relevant minimum standards set forth in the applicable award.

The Commission examined the agreement to ensure it covered all necessary elements such as minimum wages, penalty rates, leave entitlements, and other employment conditions. Furthermore, it assessed whether the agreement appropriately balanced the rights and obligations of both employers and employees. The applicant argued that the agreement was fair and reasonable, while the objectors raised concerns about certain provisions, contending that they fell short of the minimum standards required by law.

After careful consideration of the arguments and the content of the agreement, the Commission determined that the Metals Labour Hire Agreement 2016 did indeed include all the necessary provisions and met the minimum standards. The Commission found that the agreement was fair and reasonable, providing adequate protection for the employees while also considering the interests of the employer. Consequently, the application for approval was granted, and the agreement was approved as a certified agreement under the Fair Work Act 2009.

The final orders of the Commission included the approval of the Metals Labour Hire Agreement 2016 as a certified agreement, effective from the date of the decision. This decision ensures that the agreement will govern the employment terms and conditions for the relevant employees within Novak Enterprises P/L, providing a legally binding framework for their working relationship.

Novak Enterprises P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established