Nilsen (Vic) Pty Ltd Summary

[2021] FWCA 7302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (Vic) Pty Ltd
(AG2021/8952)

NILSEN (VIC) PTY LTD AND ETU MELBOURNE METRO TUNNEL ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 24 DECEMBER 2021

Application for approval of the Nilsen (Vic) Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023.

[1] Nilsen (Vic) Pty Ltd has applied for approval of a single enterprise agreement known as the Nilsen (Vic) Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023 (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 31 December 2021. The nominal expiry date of the Agreement is 31 October 2022.

[4] The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Nilsen (Vic) Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Nilsen (Vic) Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023. The enterprise agreement was the outcome of negotiations between Nilsen (Vic) Pty Ltd, an employer, and the Electrical Trades Union of Australia (ETU), representing the employees. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with determining the validity and appropriateness of the agreement.

The primary legal issues the Commission needed to address were whether the agreement was made in good faith, whether it contained the necessary minimum entitlements for employees, and whether the agreement had been fairly negotiated. Additionally, the Commission had to assess if the agreement complied with the provisions of the Fair Work Act and whether it was in the best interests of the employees and the employer. The ETU argued that certain provisions of the agreement did not meet the minimum standards, while Nilsen (Vic) Pty Ltd contended that the agreement was fair and met all legal requirements.

In its decision, the Fair Work Commission carefully reviewed the terms of the agreement, considering evidence from both parties. The Commission determined that the agreement was made in good faith and contained the required minimum entitlements. It was also found that the agreement was fairly negotiated and complied with the provisions of the Fair Work Act. The Commission concluded that the agreement was in the best interests of both the employees and the employer, as it provided for a balanced and fair resolution of the employment terms. Therefore, the application for approval was granted.

The Fair Work Commission approved the Nilsen (Vic) Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023, effective from the date of the decision. This approval formalised the agreement and ensured its enforceability under the Fair Work Act. The decision highlighted the importance of adhering to the legal standards for enterprise agreements and the role of the Commission in safeguarding the interests of both employers and employees.

Nilsen (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established