Nilsen (SA) Pty Ltd

[2019] FWCA 8199

[2019] FWCA 8199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (SA) Pty Ltd
(AG2019/4069)

NILSEN (SA) PTY LTD - SWITCHBOARD DIVISION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 3 DECEMBER 2019

Application for approval of the Nilsen (SA) Pty Ltd - Switchboard Division Enterprise Agreement 2019.

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

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 40.8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and in accordance with s.54, will operate from 10 December 2019. The nominal expiry date of the Agreement is 1 September 2023.

COMMISSIONER

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Annexure A