DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NRW Pty Ltd
(AG2018/694)

NRW PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 8 MAY 2018

Application for approval of the NRW Pty Ltd Civil Construction Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the NRW Pty Ltd Civil Construction Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NRW 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2018. The nominal expiry date of the Agreement is 8 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of NRW Pty Ltd, the applicant sought approval of the NRW Pty Ltd Civil Construction Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards and requirements for approval under the Fair Work Act 2009. The primary dispute centred on the terms and conditions outlined in the agreement, with various stakeholders presenting arguments regarding the fairness and compliance of the proposed conditions.

The legal issues the court needed to address included whether the agreement satisfied the "better off overall test," which requires that employees be no worse off financially under the new agreement compared to their previous conditions. Additionally, the court examined whether the agreement contained all the mandated terms as stipulated by the Act and if the process for reaching the agreement was fair and appropriate. The fairness of the agreement's provisions, including wages, hours, and other employment conditions, was also scrutinized.

The Fair Work Commission found that the NRW Pty Ltd Civil Construction Enterprise Agreement 2018 met the necessary requirements for approval. The agreement was deemed to comply with the better off overall test, as employees were not disadvantaged financially. The court confirmed that all mandated terms were included and that the process for negotiating the agreement was fair. Consequently, the agreement was approved, ensuring that it would govern the employment conditions of the relevant workers effectively.

NRW 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