Nilsen (QLD) Pty Ltd Summary

[2024] FWCA 2481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nilsen (QLD) Pty Ltd

(AG2024/2332)

NILSEN (QLD) PTY. LTD. AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JULY 2024

Application for approval of the Nilsen (Qld) Pty. Ltd. and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

Nilsen (QLD) Pty Ltd has made an application for approval of an enterprise agreement known as the Nilsen (Qld) Pty. Ltd. and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 4 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Nilsen (QLD) Pty Ltd applied for approval of the Nilsen (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The applicant is a construction company, and the respondent is a union representing electrical workers. The dispute was heard by the Fair Work Commission. The central issue before the court was whether the terms of the proposed enterprise agreement were fair and reasonable, as required by the Fair Work Act 2009. Specifically, the court had to assess the agreement's provisions on wages, conditions of employment, and dispute resolution mechanisms.

The court examined the evidence presented by both parties, including the submissions on the agreement's fairness and reasonableness. The applicant argued that the proposed agreement was necessary to maintain competitiveness and ensure the sustainability of the business. The union, on the other hand, contended that the agreement did not adequately protect the workers' rights and interests. After carefully considering the arguments and evidence, the court concluded that the proposed enterprise agreement was fair and reasonable. The court found that the agreement provided for adequate wage increases, improved working conditions, and effective dispute resolution mechanisms. The court also noted that the agreement had been negotiated in good faith and was supported by the majority of the employees.

The court approved the Nilsen (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026, subject to certain conditions. The court ordered that the agreement would be registered and would come into effect on a specified date. The agreement would then be binding on all parties for the duration of its term, unless terminated or varied in accordance with the Fair Work Act 2009. Overall, the court's decision provided clarity and certainty for both the applicant and the union, and ensured that the workers' rights and interests were protected.

Nilsen (QLD) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established