DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NHP Electrical Engineering Products Pty Ltd
(AG2019/1272)

NHP ELECTRICAL ENGINEERING PRODUCTS PTY LTD VICTORIAN STOREWORKERS ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MAY 2019

Application for approval of the NHP Electrical Engineering Products Pty Ltd Victorian Storeworkers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the NHP Electrical Engineering Products Pty Ltd Victorian Storeworkers Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NHP Electrical Engineering Products Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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 National Union of Workers 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) 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 16 May 2019. The nominal expiry date of the Agreement is 30 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, NHP Electrical Engineering Products Pty Ltd, sought approval for the Victorian Storeworkers Enterprise Agreement 2019. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary criteria for approval. The dispute arose from the provisions within the agreement that pertained to the classification and remuneration of employees. The FWC had to consider if the agreement adhered to the requirements of the Fair Work Act 2009, particularly sections concerning the fairness and reasonableness of the terms and conditions proposed.

The legal issues centred around the fairness of specific terms within the agreement, including whether the proposed classifications and associated pay rates were reasonable in the context of the industry and economic conditions. The FWC needed to assess whether the agreement complied with the 'better-off, worse-off' test, which mandates that no employee should be worse off as a result of the agreement, and whether the agreement covered all necessary matters as outlined in the Fair Work Act. Additionally, the FWC had to ensure that the agreement did not unfairly discriminate against any group of employees and that it was consistent with the Fair Work Regulations.

The FWC, after thorough examination, found that the agreement was fair and reasonable. It was concluded that the proposed classifications and remuneration were consistent with industry standards and the economic conditions of the time. The FWC noted that the agreement met the 'better-off, worse-off' test, with no employees being disadvantaged by the terms of the agreement. Furthermore, the FWC determined that the agreement covered all necessary matters and did not unfairly discriminate against any group of employees. Based on these findings, the FWC approved the Victorian Storeworkers Enterprise Agreement 2019.

No specific final orders were mentioned in the text. However, typically, the approval of such an agreement would result in an order formalising the agreement as a registered instrument, which would then apply to the employees covered by the agreement.

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