DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Technical Services Pty Ltd
(AG2017/3377)

NATIONAL TECHNICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 DECEMBER 2017

Application for approval of the National Technical Services Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the National Technical Services Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Technical Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 1 December 2017 and, in accordance with s.54, will operate from 8 December 2017. The nominal expiry date of the Agreement is 1 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, National Technical Services Pty Ltd, sought approval of its 2017 Single Enterprise Agreement. The applicant argued the agreement met the criteria set out in the Fair Work Act 2009. The application was heard in the Fair Work Commission by Commissioner John Smith.

The key legal issues before the Commission were whether the agreement complied with the statutory requirements and whether it was made in good faith. The Commission had to consider whether the agreement met the criteria for coverage, whether it was negotiated in good faith and whether the agreement was fair and reasonable.

The Commission found that the agreement complied with the statutory requirements and was made in good faith. The agreement was found to be fair and reasonable, taking into account the nature of the enterprise and the bargaining power of the parties. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for minimum rates of pay, leave entitlements and dispute resolution mechanisms. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act.

The Commission approved the National Technical Services Pty Ltd Single Enterprise Agreement 2017. The applicant was authorised to give effect to the agreement from 1st January 2018. The employer was also authorised to give effect to the agreement from the same date. The agreement was registered on the Register of Approved Agreements.

National Technical Services 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