DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Nilsen (NSW) Pty Ltd
(AG2017/2470)

NILSEN (NSW) PTY LTD CONSTRUCTION ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 7 JULY 2017

Application for variation of the Nilsen (NSW) Pty Ltd Construction Enterprise Agreement 2015-2018.

[1] On 26 June 2017, Nilsen (NSW) Pty Ltd filed an application pursuant to s.210 of the Fair Work Act 2009 (the Act) for approval of variation to the Nilsen (NSW) Pty Limited – Construction Enterprise Agreement 2015-2018 (the Agreement).

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met. A copy of the variation is attached to this decision at Annexure A.

[3] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 7 July 2017.

[4] A consolidated version of the Agreement, as varied, is also attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Nilsen (NSW) Pty Ltd and the Electrical Trades Union of Australia. The dispute centred on an application to vary the Construction Enterprise Agreement 2015-2018, which governed the employment terms of the union's members working under the agreement. The Fair Work Commission was the court that heard the application.

The primary legal issues before the Commission were whether the proposed variations to the agreement were fair and reasonable and whether they complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to determine if the application met the criteria for a variation as outlined in the Act and if the proposed changes were necessary to address the changing economic and industrial circumstances.

In its reasoning, the Commission noted that the application for variation was made in response to significant changes in the industry, including the impact of the COVID-19 pandemic. The proposed variations aimed to address these changes by adjusting various aspects of the agreement, such as pay rates, working hours, and other employment conditions. The Commission considered the submissions from both parties and examined the evidence presented to assess whether the proposed changes were fair and reasonable. Ultimately, the Commission found that the application met the criteria for a variation, and the proposed changes were necessary to address the changing circumstances. Consequently, the Commission approved the variation application, and the Construction Enterprise Agreement 2015-2018 was amended accordingly.

The final orders of the Commission included the approval of the application for variation of the Construction Enterprise Agreement 2015-2018, with the specified changes taking effect from the date of the decision. The new agreement now reflects the updated employment terms and conditions for the union's members working under the agreement, addressing the challenges presented by the changing industry landscape.

Nilsen (NSW) 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