Nilsen (Sa) Pty Ltd

[2024] FWCA 2107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nilsen (Sa) Pty Ltd

(AG2024/1883)

NILSEN (SA) PTY LTD ENGINEERING SERVICES DIVISION ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER TRAN	MELBOURNE, 7 JUNE 2024

Application for approval of the Nilsen (SA) Pty Ltd Engineering Services Division Enterprise Agreement 2024

Nilsen (Sa) Pty Ltd has applied for approval of an enterprise agreement known as the Nilsen (SA) Pty Ltd Engineering Services Division Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 June 2024.

In accordance with Clause 4, the nominal expiry date of the Agreement is 1 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Nilsen (SA) Pty Ltd, which sought approval of the Nilsen (SA) Pty Ltd Engineering Services Division Enterprise Agreement 2024. The application was brought before the Fair Work Commission (FWC). The primary dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, specifically focusing on its compliance with the good faith bargaining provisions and the overall fairness of the terms for the employees.

The key legal issues addressed by the FWC were whether the agreement was genuinely negotiated between the employer and the employees' representatives, whether it was made in good faith, and whether it provided fair and reasonable terms for the employees. The FWC had to assess whether the bargaining process was free from coercion and whether the terms of the agreement were equitable for both parties.

In its decision, the FWC examined the evidence of the negotiation process and the content of the agreement. It found that the bargaining was conducted in good faith and that the agreement was fairly negotiated without any undue pressure or coercion. The FWC also considered the fairness of the terms provided to the employees, concluding that they were reasonable and met the necessary standards. Based on these findings, the FWC approved the proposed agreement.

The FWC's final orders were that the Nilsen (SA) Pty Ltd Engineering Services Division Enterprise Agreement 2024 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and the terms would apply to the relevant employees within the specified division.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established