NRW Pty Ltd

[2014] FWCA 7802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NRW Pty Ltd
(AG2014/7789)

NRW PTY LTD MAINTENANCE WORKSHOP ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 4 NOVEMBER 2014

Application for approval of the NRW Pty Ltd Maintenance Workshop Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the NRW Pty Ltd Maintenance Workshop Enterprise Agreement 2014 (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 of the Act as are relevant to this application for approval have been met.

[3] The consultation term in the Agreement does not include the mandatory requirements of s.205 of the Act that the employer consult employees about a change to their regular roster or ordinary hours of work, and

provides information to the employees about the change; and

invites the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and

considers any views given by the employees about the impact of the change; and

allows for the representation of those employees for the purposes of that consultation.

Consequently pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2014. The nominal expiry date of the Agreement is 4 November 2018.

COMMISSIONER

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of NRW Pty Ltd, the Fair Work Commission (FWC) was called upon to decide whether to approve the Maintenance Workshop Enterprise Agreement 2014. The applicant, NRW Pty Ltd, sought approval of the agreement under section 234 of the Fair Work Act 2009. The dispute centred around the terms of the proposed agreement, which aimed to regulate the working conditions of employees within the maintenance workshop sector.

The primary legal issue before the FWC was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the FWC had to assess whether the agreement provided for fair and reasonable terms and conditions, including minimum wages and conditions, and did not unfairly discriminate against any group of employees. Additionally, the FWC examined whether the agreement adhered to the process requirements set out in the Act, ensuring that the agreement was made in good faith and without coercion.

The FWC found that the agreement contained provisions that met the criteria for approval. The agreement provided for fair and reasonable terms and conditions, including minimum wages and conditions, and did not unfairly discriminate against any group of employees. The FWC also noted that the agreement was made in good faith and without coercion, and that the process requirements of the Act were satisfied. As a result, the FWC approved the Maintenance Workshop Enterprise Agreement 2014 under section 234 of the Fair Work Act. The agreement will now apply to the employees of NRW Pty Ltd, governing their working conditions and employment terms as stipulated in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established