DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Nilsen (NT) Pty Ltd
(AG2017/3918)

NILSEN (NT) PTY LTD - CONTRACTING DIVISION ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER SAUNDERS	NEWCASTLE, 11 SEPTEMBER 2017

Application for variation of the Nilsen (NT) Pty Ltd - Contracting Division Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Nilsen (NT) Pty Ltd - Contracting Division Enterprise Agreement 2016 (the Agreement). The application was made by Nilsen (NT) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 27 April 2016. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 11 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Nilsen (NT) Pty Ltd involved an application for the variation of the enterprise agreement for the Contracting Division of the company. The application was brought before the Fair Work Commission by the company, seeking changes to the existing agreement in light of financial difficulties and changes in the industry. The Fair Work Commission was tasked with determining whether the proposed changes were appropriate and in line with the principles of the Fair Work Act.

The legal issues before the court revolved around whether the proposed changes to the enterprise agreement were fair and reasonable, and whether they met the threshold for a genuine variation. The court had to consider the evidence presented by both parties, including the financial circumstances of the company and the impact of the proposed changes on the employees. The court also needed to assess whether the process followed in reaching the proposed agreement was fair and appropriate.

In reaching its decision, the Fair Work Commission found that the proposed changes were necessary to address the company's financial difficulties and to ensure its ongoing viability. The court considered the evidence of the company's financial position, the impact of the changes on the employees, and the process followed in reaching the agreement. The court concluded that the proposed changes were fair and reasonable and met the threshold for a genuine variation. As such, the application for variation of the enterprise agreement was approved. The final orders included the approval of the varied agreement, which now included the proposed changes.

Nilsen (NT) 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