NWEC Pty Ltd Summary | CaseChat AU

[2013] FWCA 594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NWEC Pty Ltd
(AG2013/32)

NWEC PTY LTD ON-SITE CONSTRUCTION ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 25 JANUARY 2013

Application for approval of the NWEC Pty Ltd On-site Construction Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the NWEC Pty Ltd On-site Construction Enterprise Agreement 2013-2016 (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] 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.

[3] The Agreement was approved on 25 January 2013 and, in accordance with s.54, will operate from 1 February 2013. The nominal expiry date of the Agreement is 24 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NWEC Pty Ltd applied to the Fair Work Commission for the approval of an on-site construction enterprise agreement dated 2013-2016. The matter was heard by Deputy President Dowsett, who was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The primary issue was whether the agreement was a genuine enterprise agreement, which requires it to cover only employees working in a single enterprise, to be in writing, and to be free from any prohibited content.

The court examined the agreement to ensure it was made without any improper influence or coercion. It also assessed whether the agreement was truly representative of the employees, meaning it had to be made by a certified bargaining representative and supported by a majority of the employees. The Deputy President considered the evidence presented and the legal requirements under the Act. Ultimately, the court found that the agreement satisfied the criteria for a genuine enterprise agreement. It was made without coercion, covered only employees within the enterprise, and was properly certified and supported by the employees.

Consequently, the Deputy President approved the agreement, allowing it to be registered and enforceable under the Fair Work Act. The decision was made on the basis that the agreement was bona fide and met all the legislative requirements for such agreements. No further orders were made beyond the approval of the agreement.

NWEC Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established