National Technical Services Pty Ltd

[2022] FWCA 475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Technical Services Pty Ltd

(AG2022/66)

National Technical Services Pty Ltd Single Enterprise Agreement 2021

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 11 FEBRUARY 2022

Application for approval of the National Technical Services Pty Limited Single Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the National Technical Services Pty Limited Single Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 February 2022. The nominal expiry date of the Agreement is 17 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved National Technical Services Pty Ltd, the applicant, seeking approval for the National Technical Services Pty Limited Single Enterprise Agreement 2021. The application was heard by the Fair Work Commission, which is responsible for overseeing the approval process of such agreements. The dispute centred around the terms and conditions set forth in the proposed agreement and the necessity of its approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement satisfied the statutory requirements for approval as outlined in the Fair Work Act. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees and whether it adhered to the legislative criteria for a single enterprise agreement. The applicant had to demonstrate that the agreement was fair and reasonable, and that the negotiation process was genuine and not merely a formality.

In its decision, the Commission examined the negotiation process and the content of the agreement. It assessed whether the agreement provided adequate protections and benefits for the employees, and whether it complied with the procedural requirements set forth in the Act. The Commission concluded that the agreement was fair and reasonable, and that the negotiation process was genuine. Therefore, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the National Technical Services Pty Limited Single Enterprise Agreement 2021. The agreement was registered under the Fair Work Act 2009, effective from the date of the decision. This outcome ensures that the terms and conditions set forth in the agreement are legally binding and enforceable for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established