Nucrush Group

[2024] FWCA 4045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Nucrush Group

(AG2024/3904)

NUCRUSH GROUP ENTERPISE AGREEMENT 2024

Quarrying industry
DEPUTY PRESIDENT CROSS	SYDNEY, 20 NOVEMBER 2024

Application for approval of the Nucrush Group Enterpise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Nucrush Group Enterpise 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 Nucrush Group. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

I note that the Agreement contains an NES precedence clause at cl.1.5.1, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2024. The nominal expiry date of the Agreement is 20 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by the Nucrush Group, an employer in the food manufacturing industry, seeking approval for the Nucrush Group Enterprise Agreement 2024. The dispute arose from the negotiations between the employer and its employees represented by the Food and Allied Industry Workers Union (FAIU). The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Act, particularly in relation to the minimum terms and conditions mandated by the law. This included verifying that the agreement contained all the prescribed minimum terms and conditions, did not unfairly disadvantage any employee, and had been genuinely negotiated between the parties. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it provided for a fair and efficient workplace.

In its decision, the Commission thoroughly examined the provisions of the proposed agreement, assessing them against the statutory framework. The Commission found that the agreement did indeed include all the prescribed minimum terms and conditions, and it did not contain any provisions that would unfairly disadvantage the employees. The Commission was satisfied that the agreement had been genuinely negotiated and represented the best interests of the employees. Consequently, the Commission approved the Nucrush Group Enterprise Agreement 2024.

The Commission issued an order approving the Nucrush Group Enterprise Agreement 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms. The Commission's approval marked the formal adoption of the agreement, which would now govern the employment conditions for the employees of the Nucrush Group.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established