DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NQ Reo Pty Ltd
(AG2017/4208)

NQ REO PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	WENTWORTH, 20 DECEMBER 2017

Application for approval of the NQ Reo Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the NQ Reo Pty Ltd Enterprise Agreement 2017(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NQ Reo 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 27 December 2017. The nominal expiry date of the Agreement is 19 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, NQ Reo Pty Ltd sought approval of the NQ Reo Pty Ltd Enterprise Agreement 2017. The dispute involved the terms and conditions of employment for employees covered by the proposed agreement. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement complied with the procedural and substantive requirements for approval. This included verifying the process by which the agreement was negotiated and whether it met the ‘better off overall test’. Additionally, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, including remuneration, working conditions, and dispute resolution mechanisms.

The Commission examined the evidence presented regarding the negotiation process and concluded that the agreement was the product of genuine bargaining. It found that the agreement met the better off overall test, as it provided for improvements in some areas and did not disadvantage employees in others. The Commission also determined that the terms and conditions outlined in the agreement were fair and reasonable, and thus approved the enterprise agreement.

The Fair Work Commission approved the NQ Reo Pty Ltd Enterprise Agreement 2017, confirming that it complied with the legal requirements under the Fair Work Act 2009. The agreement is now in effect for the employees covered by it.

NQ Reo 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