Nilsen (SA) Pty Ltd T/A Nilsen

[2018] FWCA 6176

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Nilsen (SA) Pty Ltd T/A Nilsen

(AG2018/2217)

Nilsen (SA) Pty Ltd - Contracting Division Enterprise Agreement 2018

Electrical contracting industry
Deputy President Masson	MELBOURNE, 4 OCTOBER 2018

Application for approval of the Nilsen (SA) Pty Ltd - Contracting Division Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Nilsen (SA) Pty Ltd - Contracting Division Enterprise Agreement 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 (SA) Pty Ltd T/A Nilsen. The Agreement is a single enterprise agreement.

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.

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 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 11 October 2018. The nominal expiry date of the Agreement is 1 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nilsen (SA) Pty Ltd, trading as Nilsen, applied for approval of the Nilsen (SA) Pty Ltd - Contracting Division Enterprise Agreement 2018. The application was heard in the Fair Work Commission, which was asked to consider whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the procedural and substantive fairness provisions of the Act, specifically focusing on whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions.

The legal issues before the Commission involved examining whether the agreement had been genuinely negotiated, whether it contained all the required minimum terms, and if the process leading to its creation was fair and in good faith. The Commission also needed to determine whether any provisions in the agreement were contrary to public policy or were otherwise unlawful. The application for approval required careful consideration of both the negotiation process and the content of the agreement.

The Commission found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. The process was deemed to be fair and in good faith, with the necessary procedural safeguards in place. The content of the agreement did not contravene any public policy considerations and was lawful. The Commission concluded that the agreement met all the legal requirements for approval under the Fair Work Act 2009. Therefore, the application for approval was successful.

The Fair Work Commission approved the Nilsen (SA) Pty Ltd - Contracting Division Enterprise Agreement 2018, finding it to be fairly negotiated, compliant with all legal requirements, and in good faith. The Commission's decision was based on a thorough examination of the negotiation process and the content of the agreement, ensuring it contained all necessary minimum terms and did not contravene any public policy or legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established