DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (NSW) Pty Ltd
(AG2015/6470)

NILSEN (NSW) PTY LTD CONSTRUCTION ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 12 NOVEMBER 2015

Application for approval of the Nilsen (NSW) Pty Ltd Construction Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Nilsen (NSW) Pty Ltd Construction Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nilsen (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 12 November 2015 and, in accordance with s.54, will operate from 19 November 2015. The nominal expiry date of the Agreement is 19 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nilsen (NSW) Pty Ltd recently appeared before the Fair Work Commission in an application seeking approval of the Nilsen (NSW) Pty Ltd Construction Enterprise Agreement 2015. The application was brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing employees in the construction industry. The dispute arose from negotiations between the union and the employer over the terms and conditions of employment, specifically regarding the proposed changes to the enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, complied with relevant minimum standards, and was not detrimental to the employees. The CFMEU argued that the proposed agreement did not adequately protect the rights and interests of the employees, while Nilsen (NSW) Pty Ltd contended that the agreement was fair and reasonable, and provided for the best interests of both parties.

In its decision, the Commission found that the proposed agreement did not meet the requirements for approval. The Commission identified several areas of concern, including the lack of adequate provisions for casual employees, insufficient protections against unfair dismissal, and a failure to provide for adequate consultation and communication between the parties. The Commission held that the proposed agreement was not fair and reasonable, and did not comply with relevant minimum standards. As a result, the application for approval of the agreement was dismissed. The Commission ordered that the existing enterprise agreement remain in force until a new agreement that meets the requirements for approval is negotiated and approved.

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