Nilsen (NT) Pty Ltd

[2020] FWCA 6133

[2020] FWCA 6133

FAIR WORK COMMISSION

DECISION

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

Nilsen (NT) Pty Ltd
(AG2020/3359)

NILSEN (NT) PTY ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 17 NOVEMBER 2020

Application for variation of the Nilsen (NT) Pty Enterprise Agreement 2020.

[1] An application has been made by Nilsen (NT) Pty Ltd (Nilsen) for variation of the Nilsen (NT) Pty Enterprise Agreement 2020 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] Nilsen filed a statutory declaration in support of the application which was declared by Mr Russell Cahill, General Manager of Nilsen.

[3] On 13 November 2020, Nilsen provided signed undertakings, attached to this decision at Annexure B. Pursuant to s.212 of the Act, I accept Nilsen’s undertakings. In accordance with s.213(1) of the Act I note that a copy of the undertakings is attached to the Agreement and is a term of the Agreement.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 17 November 2020.

[6] The variation can be found at Annexure A of this decision. The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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Annexure A

Annexure B