DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Namer Group Pty Ltd
(AG2020/1785)

THE NAMER GROUP PTY LTD ENTERPRISE AGREEMENT 2020

Cleaning services
COMMISSIONER SIMPSON	BRISBANE, 27 JULY 2020

Application for approval of The Namer Group Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Namer Group Pty Ltd Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Namer Group (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by The Namer Group Pty Ltd for the approval of their Enterprise Agreement 2020. The dispute arose from negotiations between the company and its employees, seeking to formalise terms and conditions of employment in an updated agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the proper process of bargaining, whether it covered the appropriate employees, and whether it contained minimum terms and conditions of employment as required by law. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and if it complied with the good faith bargaining requirements.

In its decision, the Commission found that the agreement met all necessary criteria. It was noted that the bargaining process was conducted in good faith, with appropriate consultation and negotiation between the parties. The Commission determined that the agreement covered the correct employees and contained all required minimum terms and conditions. Furthermore, it was held that the agreement was in the best interests of the employees and complied with the statutory requirements. Consequently, the Commission approved the Enterprise Agreement 2020.

The Commission's final orders included the approval of The Namer Group Pty Ltd Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to all relevant employees of the company. This decision provided clarity and certainty to both the employer and employees regarding their employment terms and conditions.

The Namer Group 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