DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

Electserv Nominees Pty Ltd T/A NRP Electrical Services
(AG2020/3860)

NRP ELECTRICAL SERVICES CONSTRUCTION AND SERVICE ENTERPRISE AGREEMENT 2020-2024

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 26 FEBRUARY 2021

Application for approval of the NRP Electrical Services Construction and Service Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the NRP Electrical Services Construction and Service Enterprise Agreement 2020-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Electserv Nominees Pty Ltd T/A NRP Electrical Services (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 February 2021.

[3] On 15 and 22 February 2021, I conducted telephone conferences with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] It appears that the explanation of the terms and the effect of the proposed Agreement given to the employees was deficient in respect of the identification of some of the changes. However, the undertaking provided by the Applicant has the effect of reversing all of those changes to the Award provisions. As a result, I am satisfied (taking into consideration s.188(2) of the Act and the decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others) that the procedural or technical error is minor and that the employees are now not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

[5] The Applicant has submitted an undertaking in the required form dated 26 February 2021. The undertaking deals with the following topics:

• The Apprentice minimum rates of pay are replaced by those in the undertaking.

• The ordinary hours of work are between 6.00am and 6.00pm, Monday to Friday.

• The following shift loading will be paid in addition to the wage rates:

• For weekday shifts finishing after 6.00pm and at or before midnight – 15% for each hour.

• For weekday shifts finishing after midnight and at or before 8.00am – 30% for each hour.

• For Saturdays – 50% for any hour or part thereof that falls on the Saturday.

• Part-time employees will not be required to work outside of the agreed hours unless urgent and/or unforeseen circumstances intrude and in such a case, overtime rates will be payable.

• Clause 39 of the Agreement provides the dispute settlement procedure for disputes about any matters arising under the Agreement and in relation to the NES.

[6] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 25 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved Electserv Nominees Pty Ltd trading as NRP Electrical Services, which sought approval of the NRP Electrical Services Construction and Service Enterprise Agreement 2020-2024. The application was made under the Fair Work Act 2009, aiming to have the agreement certified as a single-enterprise agreement. The Commission's role was to assess whether the agreement met the statutory requirements and was in the best interests of the employees involved.

The legal issues before the Commission centred on whether the agreement complied with the provisions of the Fair Work Act, including whether it was made in good faith, was free from coercion and undue influence, and whether it included appropriate terms and conditions. Additionally, the Commission needed to determine whether the agreement was genuinely negotiated and whether it provided fair and reasonable terms for the employees.

In delivering its decision, the Commission reviewed the negotiation process and the content of the agreement. The Commission found that the agreement was genuinely negotiated and contained terms that were fair and reasonable. The employer had demonstrated a commitment to good faith negotiations and had provided evidence of this process. The Commission also noted that the agreement included appropriate terms and conditions, and there were no indications of coercion or undue influence. As such, the Commission was satisfied that the agreement met the statutory requirements and was in the best interests of the employees.

The Commission approved the NRP Electrical Services Construction and Service Enterprise Agreement 2020-2024, certifying it as a single-enterprise agreement. The approval took effect from the date of the decision, and the agreement became binding on the parties. The employer was required to provide a copy of the certified agreement to each employee and to ensure compliance with its terms.

Electserv Nominees Pty Ltd T/A NRP Electrical Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established