DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NHP Electrical Engineering Products Pty Ltd
(AG2016/2889)

NHP ELECTRICAL ENGINEERING PRODUCTS PTY LTD VICTORIAN STOREWORKERS ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 27 MAY 2016

Application for approval of the NHP Electrical Engineering Products Pty Ltd Victorian Storeworkers Enterprise Agreement 2016.

[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 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2016. The nominal expiry date of the Agreement is 30 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of the application for approval of the NHP Electrical Engineering Products Pty Ltd Victorian Storeworkers Enterprise Agreement 2016, the parties involved were NHP Electrical Engineering Products Pty Ltd and the Electrical Trades Union of Australia. The dispute centred on whether the proposed enterprise agreement should be approved and registered under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the agreement met the procedural and substantive requirements for approval under the Act. Procedurally, the Commission needed to ascertain whether the agreement was genuinely negotiated and whether the proper processes were followed, including the provision of necessary documents and notices. Substantively, the Commission had to ensure that the agreement did not adversely affect employees’ minimum entitlements and that it was otherwise consistent with the broader framework of the Fair Work Act.

In its decision, the Commission examined the evidence presented by both parties. It assessed the negotiation process, the fairness of the terms, and the impact of the agreement on the employees. The Commission found that the agreement was genuinely negotiated and that all procedural requirements were met. It also concluded that the agreement did not adversely affect employees’ minimum entitlements and was consistent with the Fair Work Act. Consequently, the Commission approved and registered the enterprise agreement.

The final orders of the Commission were that the NHP Electrical Engineering Products Pty Ltd Victorian Storeworkers Enterprise Agreement 2016 be approved and registered. The agreement was to come into effect on the date of registration, and all terms and conditions specified within it would be binding on the parties from that date.

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