DECISION

Fair Work Act 2009
s.185 – Enterprise Agreement

NHP Electrical Engineering Products Pty Ltd
(AG2021/6631)

NHP ELECTRICAL ENGINEERING PRODUCTS PTY LTD LAVERTON MANUFACTURING ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 19 AUGUST 2021

Application for approval of the NHP Electrical Engineering Products Pty Ltd Laverton Manufacturing Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the NHP Electrical Engineering Products Pty Ltd Laverton Manufacturing Enterprise Agreement 2021 (Agreement). The application was made by NHP Electrical Engineering Products Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the materials filed by the Applicant, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act and based on the statutory declaration provide by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NHP Electrical Engineering Products Pty Ltd applied for approval of the Laverton Manufacturing Enterprise Agreement 2021. The application was heard by the Fair Work Commission. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and if it provided for minimum terms and conditions for employees within the relevant industrial award.

The key legal issues before the court were whether the agreement was a genuine enterprise agreement and if it provided for the minimum terms and conditions as required by the Fair Work Act. The court examined the process through which the agreement was formed, including whether the agreement was made in good faith and whether it was the product of direct bargaining between the employer and the employees. Additionally, the court needed to determine if the agreement contained all the required minimum terms and conditions as stipulated in the relevant industrial award.

The Fair Work Commission found that the Laverton Manufacturing Enterprise Agreement 2021 was a genuine enterprise agreement. The commission considered that the agreement was the result of direct bargaining between the employer and the employees and was made in good faith. The commission also confirmed that the agreement provided for all the minimum terms and conditions as required by the relevant industrial award. Consequently, the commission approved the application for the agreement.

The Fair Work Commission approved the application for the Laverton Manufacturing Enterprise Agreement 2021. The agreement is now recognised as a valid enterprise agreement and will apply to the employees within the relevant industrial award.

NHP Electrical Engineering Products 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