DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Neon Unit Trust t/a Neon Signs Australia P/L
(AG2015/5116)

NEON UNIT TRUST T/AS NEON SIGNS AUSTRALIA PTY LTD (ABN 89 610 750 193) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Neon Unit Trust t/as Neon Signs Australia Pty Ltd (ABN 89 610 750 193) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Neon Unit Trust t/as Neon Signs Australia Pty Ltd (ABN 89 610 750 193) 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 The Neon Unit Trust t/a Neon Signs Australia P/L. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 13 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Neon Unit Trust, trading as Neon Signs Australia Pty Ltd, applied to the Fair Work Commission for the approval of the Neon Signs Australia Pty Ltd Enterprise Agreement 2015. The dispute arose due to objections to the agreement by certain employees of the company, who argued that the agreement did not sufficiently protect their employment conditions and entitlements. The matter was heard and determined by the Fair Work Commission.

The central legal issue before the Commission was whether the Enterprise Agreement 2015 complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of its fairness to the employees, its coverage of appropriate bargaining subjects, and its adherence to the requirements for enterprise agreements under the Act. The Commission had to consider the objections raised by the employees and assess whether the agreement met the criteria for approval.

In examining the evidence and submissions from both parties, the Commission found that the agreement generally provided for fair and reasonable terms for the employees. The Commission concluded that while there were some areas of concern, the overall agreement did not fail the 'better off overall test' and was considered to be in the best interests of the employees. The objections were largely addressed, and the agreement was found to comply with the statutory requirements for enterprise agreements. The Commission approved the agreement, subject to certain minor modifications to address specific employee concerns.

The Fair Work Commission approved the Neon Signs Australia Pty Ltd Enterprise Agreement 2015, with modifications to address the employees' concerns. The modifications included adjustments to shift penalties and the insertion of a clause to protect against future changes to shift patterns without adequate notice. The agreement was approved as meeting the requirements of the Fair Work Act 2009, ensuring fair and reasonable terms for the employees while recognising the needs of the employer.

The Neon Unit Trust t/a Neon Signs Australia P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established