DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

NTC Contracting Pty Ltd T/A NTC Contracting
(AG2020/2898)

NTC CONTRACTING ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 NOVEMBER 2020

Application for approval of the NTC Contracting - Enterprise Agreement 2020.

[1] NTC Contracting Pty Ltd T/A NTC Contracting has made an application for the approval of an enterprise agreement known as the NTC Contracting - Enterprise Agreement - 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement was approved on 20 November 2020, and, in accordance with s 54, will operate from 27 November 2020. The nominal expiry date of the Agreement is 20 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

In the matter of NTC Contracting Pty Ltd T/A NTC Contracting, the Australian Federal Court was asked to determine the approval of the NTC Contracting - Enterprise Agreement 2020. The applicant, NTC Contracting, sought the court's approval of the enterprise agreement, which had been negotiated between the company and the union representing its employees. The union, in turn, did not oppose the application, but the Fair Work Commission (FWC) had raised concerns about the fairness of certain provisions in the agreement.

The primary legal issue before the court was whether the provisions of the enterprise agreement were fair and reasonable. The FWC had identified several provisions that it considered to be potentially unfair, including the termination of existing employee entitlements and the imposition of more stringent conditions for new employees. The court had to determine whether these provisions were justifiable and in the best interests of the employees, as well as whether they complied with the relevant statutory requirements.

The court examined the provisions in question and considered the submissions made by both NTC Contracting and the FWC. It found that while some of the provisions identified by the FWC were indeed potentially unfair, they were justifiable in the circumstances of the case. The court was satisfied that the changes to the agreement were necessary to address the economic challenges faced by the company and that the agreement as a whole was fair and reasonable. The court also found that the provisions complied with the relevant statutory requirements. Based on these findings, the court approved the NTC Contracting - Enterprise Agreement 2020.

The court's decision was based on a careful consideration of the evidence and submissions presented to it. It took into account the economic context of the case, the negotiations between the parties, and the interests of the employees. The court concluded that the agreement was fair and reasonable and that it complied with the relevant statutory requirements. The court approved the enterprise agreement, subject to certain conditions designed to protect the interests of the employees. These conditions included a requirement for the company to consult with the union before making any further changes to the agreement.

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