DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nucrush Pty Ltd T/A Nucrush Group
(AG2018/3385)

NUCRUSH GROUP ENTERPRISE AGREEMENT 2018

Cement and concrete products
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 DECEMBER 2018

Application for approval of the Nucrush Group Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Nucrush Group Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nucrush Pty Ltd T/A Nucrush Group. The agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement was approved on 14 December 2018 and, in accordance with s.54, will operate from 21 December 2018. The nominal expiry date of the Agreement is 21 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nucrush Pty Ltd T/A Nucrush Group sought approval for the Nucrush Group Enterprise Agreement 2018. The dispute was between the employer and the employees represented by the Finance Sector Union of Australia. The matter was heard in the Fair Work Commission. The legal issues the court was required to decide centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions, if it was free from coercion and undue influence, and if it complied with procedural requirements for approval.

The court examined the process by which the agreement was negotiated, the contents of the agreement, and the extent to which it addressed the needs and interests of both parties. The court also considered submissions from both the employer and the union, as well as any relevant statutory provisions and case law. In its reasoning, the court noted that the agreement had been negotiated in good faith and that the process adhered to the relevant procedural requirements. Furthermore, the court found that the terms and conditions of the agreement were fair and reasonable, taking into account the economic and employment circumstances of the parties.

The court approved the Nucrush Group Enterprise Agreement 2018, finding it met all the necessary statutory requirements. The decision was made on the basis that the agreement was fairly negotiated, contained terms that were reasonable, and complied with all procedural mandates. The court emphasised the importance of the agreement in providing a stable and fair working environment for the employees while also recognising the employer's legitimate business interests. The final orders included the approval of the enterprise agreement, which was to be registered and in force from the date of the decision.

Nucrush Pty Ltd T/A Nucrush Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established