DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NTC Contracting Pty Ltd T/A NTC Contracting
(AG2015/7594)

NTC CONTRACTING - ENTERPRISE AGREEMENT - 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 JANUARY 2016

Application for approval of the NTC Contracting - Enterprise Agreement - 2015.

[1] An application has been made for approval of an enterprise agreement known as the NTC Contracting - 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 NTC Contracting Pty Ltd T/A NTC Contracting. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2016. The nominal expiry date of the Agreement is 11 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, NTC Contracting Pty Ltd, trading as NTC Contracting, applied for approval of an enterprise agreement made with its employees. The application was made under the Fair Work Act 2009, and the matter was heard by a delegate of the Commission. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, and whether they met the legal requirements for approval.

The legal issues before the Commission included whether the agreement had been made in accordance with the statutory requirements, whether it contained terms that were unfair, and whether it complied with the "better off overall test". The Commission also considered whether the agreement was free from any prohibited content, such as terms that would undermine the operation of the safety net of minimum wages and conditions.

After reviewing the application and submissions from both parties, the Commission found that the enterprise agreement was made in good faith and complied with the statutory requirements. The Commission also determined that the agreement did not contain any unfair terms and satisfied the better off overall test. Furthermore, the Commission confirmed that the agreement was free from any prohibited content. Consequently, the application for approval was successful.

The Fair Work Commission approved the NTC Contracting - Enterprise Agreement - 2015, effective from the date of the decision. The approved agreement is to be registered with the Commission and will govern the employment conditions of the employees covered by the agreement. The decision is final and binding, and no further appeals can be made regarding this matter.

NTC Contracting Pty Ltd T/A NTC Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established