DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NRS (AUS) Pty Ltd
(AG2015/22)

NRS (AUS) ENTERPRISE AGREEMENT 2014

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 27 FEBRUARY 2015

Application for approval of the NRS (AUS) Enterprise Agreement 2014.

[1] NRS (AUS) Pty Ltd applies for approval of an enterprise agreement known as the NRS (AUS) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] On 26 February 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54(1)(b) of the Act, will operate from 6 March 2015. The nominal expiry date of the Agreement is 6 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NRS (AUS) Pty Ltd, an employer, applied for approval of an enterprise agreement with its employees, which had been negotiated and executed. The Australian Building and Construction Commission (ABCC) raised concerns regarding the agreement's compliance with various statutory provisions. The Fair Work Commission was tasked with deciding whether the agreement met the necessary legal criteria for approval.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements, including the protection of employees' rights and interests, and whether it was genuinely negotiated. The Commission had to examine the provisions of the Fair Work Act 2009, and the Fair Work Regulations 2009, to determine if the agreement met the necessary criteria for approval.

The Fair Work Commission found that the enterprise agreement substantially complied with the statutory provisions. The Commission noted that the agreement provided for fair terms and conditions, including minimum wages and conditions, and protected employees' rights and interests. The Commission also found that the agreement had been genuinely negotiated between the employer and the employees, as evidenced by the negotiation process and the parties' conduct. Consequently, the Commission approved the NRS (AUS) Enterprise Agreement 2014.

The Fair Work Commission approved the NRS (AUS) Enterprise Agreement 2014, subject to the conditions outlined in the decision. The Commission found that the agreement complied with the statutory provisions and was genuinely negotiated between the employer and the employees. The approval of the agreement ensures that the employees will receive fair terms and conditions, and their rights and interests are protected.

NRS (AUS) 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