DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NX Blue Pty Ltd
(AG2021/6159)

NX BLUE PTY LTD, AWU POLO FLAT PRECAST SEGMENT FACTORY GREENFIELD AGREEMENT 2021 - 2025

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 2 AUGUST 2021

Application for approval of the NX Blue Pty Ltd, AWU Polo Flat Precast Segment Factory Greenfield Agreement 2021 - 2025.

[1] An application has been made for approval of a greenfields agreement known as the NX Blue Pty Ltd, AWU Polo Flat Precast Segment Factory Greenfield Agreement 2021 - 2025 (the Agreement). The application was made by NX Blue Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This greenfields agreement meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] The Agreement as lodged omitted the employer’s address in the application, and contained typographical errors at clause 3.5.4 and in relation to the Agreement’s index. On 30 July 2021 the Applicant filed an amended Agreement fixing the error. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2021. The nominal expiry date of the Agreement is 1 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, NX Blue Pty Ltd applied for approval of the NX Blue Pty Ltd, AWU Polo Flat Precast Segment Factory Greenfield Agreement 2021 - 2025. The applicant and the Australian Workers' Union (AWU) had reached an agreement on various terms and conditions of employment for workers in the precast segment factory, which is part of NX Blue Pty Ltd's operations. The application was made under the Fair Work Act 2009, which allows for the approval of such agreements if they meet certain criteria.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it complied with the provisions of the Fair Work Act. The Commission had to consider whether the agreement was made in good faith, covered the requisite bargaining period, and provided for the necessary minimum terms and conditions. Additionally, the Commission examined if the agreement contained any terms that were contrary to public policy or were otherwise unenforceable.

The Commission found that the agreement was a genuine enterprise agreement as it was made in good faith and covered the requisite bargaining period. The terms of the agreement were found to be reasonable, providing for fair and equitable conditions of employment. Importantly, the Commission confirmed that the agreement did not contain any terms that were contrary to public policy or otherwise unenforceable. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the NX Blue Pty Ltd, AWU Polo Flat Precast Segment Factory Greenfield Agreement 2021 - 2025.

The Commission's decision to approve the agreement means that it is now legally binding on the parties involved. The agreement will govern the terms and conditions of employment for the workers in the precast segment factory for the duration of the agreement, which is until 2025. This decision ensures that the workers are covered by a fair and reasonable agreement, while also providing certainty for the employer in managing its workforce.

NX Blue 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