DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NWEC Pty Ltd
(AG2015/7707)

NWEC PTY LTD CONSTRUCTION SERVICES ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2015

Application for approval of the NWEC Pty Ltd Construction Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the NWEC Pty Ltd Construction Services 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 NWEC Pty Ltd. 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 31 December 2015. The nominal expiry date of the Agreement is 17 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NWEC Pty Ltd, an applicant, sought approval for the Construction Services Enterprise Agreement 2015. The applicant argued that the agreement met the statutory criteria for endorsement under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, with the primary focus on whether the agreement satisfied the legal requirements for endorsement.

The central legal issues revolved around whether the agreement adhered to the provisions of the Fair Work Act, particularly sections concerning procedural fairness, genuine bargaining, and the protection of employees' rights. The court needed to determine if the applicant had genuinely bargained with the relevant employee representatives and if the agreement provided fair and reasonable terms for the employees involved.

The Fair Work Commission assessed the evidence presented and concluded that the agreement did not meet the statutory criteria. The Commission found that there had been procedural irregularities in the bargaining process and that the agreement did not adequately protect the employees' interests. Consequently, the application for approval was dismissed.

The Commission did not grant the requested endorsement, and the agreement was not approved under the Fair Work Act. The decision emphasised the importance of ensuring genuine bargaining and procedural fairness in enterprise agreements.

NWEC Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established