Nilsen (NSW) Pty Ltd

[2019] FWCA 4511

[2019] FWCA 4511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (NSW) Pty Ltd
(AG2019/1801)

NILSEN (NSW) PTY LTD NSW REGIONAL ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 28 JUNE 2019

Application for approval of the Nilsen (NSW) Pty Ltd NSW Regional Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of a greenfields agreement known as the Nilsen (NSW) Pty Ltd NSW Regional Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a greenfields agreement. It has been made by Nilsen (NSW) Pty Ltd.

[2] The Applicant 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. In particular, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

[6] The Agreement is approved and in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 20 February 2022.

COMMISSIONER

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Annexure A