Ntc Contracting Pty Ltd
[2024] FWCA 4683
•24 DECEMBER 2024
| [2024] FWCA 4683 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Ntc Contracting Pty Ltd
(AG2024/4868)
NTC CONTRACTING - ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT O'KEEFFE | PERTH, 24 DECEMBER 2024 |
Application for approval of the NTC Contracting - Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the NTC Contracting - Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ntc Contracting Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 October 2024 and the Agreement was made on 28 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
The Applicant has provided written undertakings (Annexure 1). 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.
The NERR issued to employees was not in the prescribed form but contained all of the relevant information. As such, I regard this as a minor technical error and have paid it no regard pursuant to s.188(5) of the Act.
The Agreement did not contain a delegates’ rights clause. In accordance with s.205A of the Act, the delegates’ rights clause from the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2024. The nominal expiry date of the Agreement is 24 December 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure 1:
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