DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NQEA Pty Ltd
(AG2015/5370)

NQEA PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 SEPTEMBER 2015

Application for approval of the NQEA PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015.

[1] An application has been made for approval of an enterprise agreement known as the NQEA PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NQEA Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 8 September 2015 and, in accordance with s.54, will operate from 15 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by NQEA Pty Ltd, seeking approval of the NQEA Pty Ltd Employee Enterprise Agreement 2015. The respondents to the application were the Australian Manufacturing Workers Union (AMWU) and a number of individual employees. The primary dispute centred on whether the proposed enterprise agreement complied with the relevant statutory requirements and if it provided fair and reasonable terms and conditions for the employees. The application was heard in the Fair Work Commission, the industrial relations tribunal of Australia.

The legal issues before the Commission included whether the agreement met the statutory prerequisites for an enterprise agreement, including the provisions under the Fair Work Act 2009, and whether it contained all the mandated terms as per the regulations. Additionally, the court needed to determine if the agreement provided for terms and conditions that were fair and reasonable, and if it had been appropriately negotiated. The Commission also considered whether there was sufficient evidence of genuine agreement among the parties involved.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the NQEA Pty Ltd Employee Enterprise Agreement 2015 complied with the statutory requirements. The Commission determined that the agreement contained all the mandated terms and that it provided fair and reasonable terms and conditions for the employees. The evidence presented demonstrated that the agreement had been genuinely negotiated between the parties. The Commission approved the agreement under the Fair Work Act 2009.

NQEA 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