NTE Contracting Pty Ltd

[2013] FWCA 7465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NTE Contracting Pty Ltd
(AG2013/2820)

NTE CONTRACTING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 OCTOBER 2013

Application for approval of the NTE Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the NTE Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, NTE Contracting Pty Ltd applied for the approval of the NTE Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The applicant was a company engaged in the construction industry, while the Australian Workers' Union was the representative for the employees. The dispute centred on whether the terms and conditions outlined in the proposed enterprise agreement were in line with the Fair Work Act 2009. The Commission had to determine if the agreement met the criteria for approval, including whether it provided for a fair and efficient workplace, and whether it complied with the statutory requirements.

The primary legal issues revolved around the interpretation and application of the Fair Work Act 2009 and associated regulations. The Commission needed to assess whether the proposed agreement facilitated a fair and efficient workplace and if it adhered to the relevant statutory provisions. Additionally, the Commission considered the impact of the agreement on the employees and whether it met the standard of being a "better off overall test" for the workforce.

The Commission concluded that the proposed agreement did not meet the statutory requirements for approval. It found that certain provisions were not fair and efficient, and that the agreement did not adequately provide for the employees' rights and protections. As such, the application for approval was dismissed. The decision highlighted the importance of enterprise agreements meeting the criteria set forth in the Fair Work Act 2009, ensuring that they provide for fair and efficient workplaces and adequately protect the rights of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established