DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4791)

NIXIN ELECTRICAL PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 MAY 2021

Application for approval of the Nixin Electrical Pty Ltd and ETU Greenfields Agreement 2018-2021.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of the Nixin Electrical Pty Ltd and ETU Greenfields Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is 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 and that it is in the public interest to approve the Agreement. The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[3] The Agreement was approved on 3 May 2021 and, in accordance with s 54, will operate from 10 May 2021. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which brought an application for the approval of the Nixin Electrical Pty Ltd and ETU Greenfields Agreement 2018-2021. The dispute centred around the terms and conditions outlined in the agreement and whether they met the statutory criteria for being a "better-off overall test" (BOOT) agreement under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, whether it met the BOOT criteria, and if the agreement was in the best interest of the employees covered by it. The Commission had to consider the fairness and reasonableness of the terms, including wages, hours of work, and other employment conditions, as well as whether the agreement provided for a better outcome for the employees than the applicable awards and existing enterprise agreements.

The Fair Work Commission carefully reviewed the evidence presented by both parties, including the negotiation process and the financial implications of the proposed agreement. The Commission determined that the agreement was genuinely negotiated and met the BOOT criteria, as it provided for improved wages, allowances, and conditions for the employees. The Commission concluded that the agreement was in the best interest of the employees and approved it under section 176 of the Fair Work Act. The Commission found that the agreement provided for a better overall outcome for the employees, considering both the direct and indirect benefits.

The Fair Work Commission approved the Nixin Electrical Pty Ltd and ETU Greenfields Agreement 2018-2021, and it came into effect on the date of the approval. This decision ensures that the employees will benefit from the improved terms and conditions outlined in the agreement, while also maintaining a fair and productive relationship between the employer and the employees.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established