Nilsen (SA) Pty Ltd T/A Nilsen (SA) Pty Ltd

[2020] FWCA 6263

[2020] FWCA 6263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (SA) Pty Ltd T/A Nilsen (SA) Pty Ltd
(AG2020/3338)

NILSEN (SA) PTY LTD ENGINEERING SERVICES DIVISION ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 23 NOVEMBER 2020

Application for approval of the Nilsen (SA) Pty Ltd Engineering Services Division Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Nilsen (SA) Pty Ltd Engineering Services Division Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Nilsen (SA) Pty Ltd T/A Nilsen (SA) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 17 November 2020.

[3] On 19 November 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 19 November 2020. The undertaking deals with the following topics:

•  The undertaking provides the definition of a shiftworker, that will be for the purposes of the National Employment Standards (NES).

•  Despite clauses 14.1 (Safety Footwear), 14.2 (Protective Clothing), 14.3 (Weather-Proof Jackets), 15 (Tools) and 16.4 (Pay Back System), any deductions will be made in compliance with s.324 of the Act.

•  An employee with an hourly rate margin of 33% or less than the equivalent rate in the Electrical, Electronic and Communications Contracting Award 2010 (the Award), who works less than 5 consecutive shifts, will be paid at least $10.00 more per week than the relevant minimum Award rates.

•  Trainees that are entitled to allowances under the Award will be paid at least $10.00 more per week than the minimum Award rates (including the applicable allowances).

•  The Agreement will import a Model Consultation Term as outlined in the undertaking.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2023.

COMMISSIONER

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