NHP Electrical Engineering Products Pty Ltd T/A NHP Electrical Engineering Products

Case [2024] FWCA 3070


[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

  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 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.

  1. 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.

  1. 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.

  1. 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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Details
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 case before the Fair Work Commission involved NHP Electrical Engineering Products Pty Ltd, trading as NHP Electrical Engineering Products, and the Electrical Trades Union of Australia, Victoria Branch. The matter revolved around the application for approval of the NHP Electrical Engineering Products Pty Ltd Laverton Manufacturing Enterprise Agreement 2024. The Commission had to determine whether the agreement met the requirements of the Fair Work Act 2009, specifically regarding the procedural fairness in its creation and the substantive provisions concerning minimum entitlements and protections.

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

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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