DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (Vic) Pty Ltd
(AG2017/6796)

NILSEN (VIC) PTY LTD AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 15 JANUARY 2018

Application for approval of the Nilsen (Vic) Pty Ltd and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Nilsen (Vic) Pty Ltd and ETU Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nilsen (Vic) 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 22 January 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nilsen (Vic) Pty Ltd was the subject of an application for the approval of an enterprise agreement with the Electrical Trades Union (ETU) covering the period from 2017 to 2021. The application was heard in the Fair Work Commission, an Australian independent statutory body with federal jurisdiction, responsible for the resolution of workplace disputes and the regulation of workplace relations. The primary issue before the Commission was whether the enterprise agreement, which had been negotiated between the parties, complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to determine if the agreement contained all the mandatory terms and conditions as stipulated by the legislation, and if it was fair and reasonable in all its aspects.

In examining the agreement, the Commission considered various factors including the nature of the bargaining process, the terms and conditions of the agreement, and the impact on the employees. It was noted that the agreement had been the result of a genuine and voluntary negotiation process between the employer and the union. The Commission further assessed whether the agreement met the criteria for being deemed a low-paid agreement, as this would affect the manner in which the agreement was to be approved. The Commission also considered whether the agreement provided fair and reasonable terms and conditions for the employees, taking into account the nature of the enterprise and the bargaining positions of the parties.

The Fair Work Commission found that the agreement was in compliance with the statutory requirements and met the criteria for being a low-paid agreement. The Commission was satisfied that the agreement contained all the necessary terms and conditions as required by the legislation, and that it was fair and reasonable in all its aspects. The Commission noted that the agreement provided for appropriate protections for employees, including provisions relating to pay rates, hours of work, and other conditions of employment. The Commission also considered the views of the employees, who were represented by the union, and found that the agreement was in their best interests. The Commission approved the agreement and ordered that it be registered with the Fair Work Ombudsman.

In summary, the Fair Work Commission approved the Nilsen (Vic) Pty Ltd and ETU Enterprise Agreement 2017 to 2021, finding it to be in compliance with the statutory requirements and fair and reasonable in all its aspects. The Commission considered the bargaining process, the terms and conditions of the agreement, and the impact on the employees in making its decision. The agreement was registered with the Fair Work Ombudsman and is now in effect.

Nilsen (Vic) 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