DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (SA) Pty Ltd
(AG2016/3918)

NILSEN (SA) PTY LTD - ENGINEERING SERVICES DIVISION ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	ADELAIDE, 8 SEPTEMBER 2016

Application for approval of the Nilsen (SA) Pty Ltd - Engineering Services Division Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Nilsen (SA) Pty Ltd - Engineering Services Division Enterprise Agreement 2016 (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 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] 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.

[5] The Agreement was approved on 8 September 2016 and, in accordance with s.54, will operate from 15 September 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Nilsen (SA) Pty Ltd, an engineering services company, and its employees. The dispute centred around the approval of the Engineering Services Division Enterprise Agreement 2016. The applicants sought the Commission's endorsement of this agreement, which they had negotiated with the employees' representatives. The legal issues revolved around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, specifically sections 231 and 232, which deal with the approval and registration of enterprise agreements.

The Commission examined the agreement's compliance with the procedural requirements, including the process by which it was negotiated and the fairness of its terms. The Commission also assessed whether the agreement met the minimum standards set out in the Fair Work Act, such as the provision of adequate minimum rates of pay, leave entitlements, and other employment conditions. Furthermore, the Commission considered whether the agreement provided for a genuine and meaningful negotiation process, as mandated by the legislation.

After thorough examination, the Fair Work Commission determined that the Engineering Services Division Enterprise Agreement 2016 was compliant with the statutory requirements. The Commission found that the agreement was the product of genuine and meaningful negotiations and that it met all the minimum standards prescribed by the Fair Work Act. The Commission approved the agreement, highlighting its adherence to the procedural and substantive requirements set out in the legislation. The Commission's decision was based on the evidence presented, which demonstrated that the agreement was fair and reasonable in all respects.

As a result of the Commission's approval, the agreement was registered, and it became legally binding on all parties involved. The decision ensured that the employees of Nilsen (SA) Pty Ltd would benefit from the agreed terms and conditions, while also maintaining compliance with the legislative framework governing enterprise agreements. The outcome provided clarity and certainty for both the employer and the employees, facilitating a stable and productive working relationship.

Nilsen (SA) 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