DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (Qld) Pty Ltd
(AG2017/3513)

NILSEN (QLD) PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 26 OCTOBER 2017

Application for approval of the Nilsen (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

[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 2015 - 2018 (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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 26 October 2017 and, in accordance with s.54, will operate from 2 November 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Nilsen (Qld) Pty Ltd sought approval for the Nilsen (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018. The applicant, a registered electrical contractor, entered into the agreement with the CEPU, representing employees classified as electrical labourers and electricians. The CEPU sought approval for the agreement under section 230 of the Fair Work Act 2009, claiming it met the "better off overall test" for employees.

The primary legal issue before the Commission was whether the agreement met the "better off overall test". This required the Commission to consider whether the employees, on balance, would be better off if the agreement was approved and applied. The Commission needed to weigh the benefits of the proposed agreement against any detriments, examining various aspects of the agreement, including wages, working conditions, and other employment terms.

The Commission found that the agreement did indeed meet the better off overall test. It concluded that the overall benefits provided to the employees outweighed any detriments, considering the wage increases, improved working conditions, and other provisions within the agreement. The Commission was satisfied that the agreement provided a fair and reasonable outcome for the employees, thus meeting the necessary criteria for approval.

The Fair Work Commission approved the Nilsen (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018. The Commission certified the agreement under section 230 of the Fair Work Act 2009, effective from the date of the decision and for a period of four years. This decision allowed the agreement to be applied, providing the specified terms and conditions for the employees during the agreed 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