DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (Qld) Pty Ltd
(AG2021/4641)

NILSEN (QLD) PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 29 APRIL 2021

Application for approval of the Nilsen (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Nilsen (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nilsen (Qld) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2021. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Nilsen (Qld) Pty Ltd, sought approval of the Nilsen (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023, as per the Fair Work Act 2009. The dispute arose as the applicant and the relevant union, CEPU, had reached an agreement on various terms and conditions of employment, which they believed should be made binding. The matter was heard by the Fair Work Commission.

The central legal issues before the Commission were whether the proposed agreement met the formal requirements of the Fair Work Act, and whether it was in the best interests of the employees. The Commission had to determine if the agreement provided fair and reasonable terms and conditions for the employees, and whether it adhered to the prescribed procedural steps as outlined in the Act.

The Fair Work Commission examined the agreement thoroughly, considering its compliance with the legislative requirements and its fairness to the employees. The Commission noted that the agreement included provisions for wages, working hours, leave entitlements, and other employment conditions. It found that the agreement was comprehensive and that the procedural fairness requirements were met. The Commission concluded that the agreement provided fair and reasonable terms and conditions for the employees and was in their best interests. Consequently, the Commission approved the agreement, finding it met the necessary statutory criteria.

The Fair Work Commission approved the Nilsen (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023, making it a legally binding document between the parties. The approval was effective from the date of the decision, and the agreement was to govern the employment terms and conditions for the specified period.

Nilsen (Qld) 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