| [2024] FWCA 3070 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
NHP Electrical Engineering Products Pty Ltd T/A NHP Electrical Engineering Products
(AG2024/2930)
NHP ELECTRICAL ENGINEERING PRODUCTS PTY LTD LAVERTON MANUFACTURING ENTERPRISE AGREEMENT 2024
| Electrical contracting industry | |
| COMMISSIONER LEE | MELBOURNE, 22 AUGUST 2024 |
Application for approval of the NHP Electrical Engineering Products Pty Ltd Laverton Manufacturing Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the NHP Electrical Engineering Products Pty Ltd Laverton Manufacturing Enterprise Agreement 2024 (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 T/A NHP Electrical Engineering Products. The Agreement is a single enterprise agreement.
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.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2024. The nominal expiry date of the Agreement is 31 December 2027.
COMMISSIONER
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- AGLC
- NHP Electrical Engineering Products Pty Ltd T/A NHP Electrical Engineering Products [2024] FWCA 3070
- Case
- [2024] FWCA 3070
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were primarily procedural, focusing on whether the agreement was made in accordance with the provisions of the Fair Work Act. This involved examining the process through which the agreement was negotiated, including whether there was genuine bargaining between the parties and if all procedural requirements were adhered to. Substantively, the Commission had to ensure that the agreement did not undermine the safety net of minimum entitlements and protections provided by the Act and related industrial instruments.
The Commission found that the agreement was made in accordance with the Fair Work Act, as the evidence demonstrated genuine bargaining between the parties. The negotiation process was transparent, and the union was provided with the necessary information to effectively participate in the bargaining. The agreement's substantive provisions were also found to be fair and reasonable, providing for terms and conditions that did not undermine the safety net of minimum entitlements. Given these findings, the Commission approved the agreement, confirming its compliance with the statutory requirements.
The Fair Work Commission approved the NHP Electrical Engineering Products Pty Ltd Laverton Manufacturing Enterprise Agreement 2024, effective from the date of the decision. The approval ensures that the agreement will operate as a registered agreement under the Fair Work Act, governing the employment conditions of the employees covered by the agreement.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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