DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (WA) Pty Ltd
(AG2014/10915)

NILSEN (WA) PTY LTD BUNBURY ENTERPRISE AGREEMENT 2014 - 2018.

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 26 FEBRUARY 2015

Application for approval of the Nilsen (WA) Pty Ltd Bunbury Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Nilsen (WA) Pty Ltd Bunbury Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nilsen (WA) Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Nilsen (WA) Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2015. The nominal expiry date of the Agreement is 26 February 2019.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The applicant, Nilsen (WA) Pty Ltd, sought approval of an enterprise agreement with its employees represented by the Maritime Union of Australia. The Fair Work Commission (FWC) was tasked with determining whether the agreement was in the best interests of the employees. The application was brought under the Fair Work Act 2009. The primary issue for the FWC was whether the terms and conditions outlined in the proposed enterprise agreement were fair and reasonable for the employees. This involved assessing the agreement against the criteria set out in the Fair Work Act, including whether the agreement provided for appropriate rates of pay, conditions of employment, and other terms and conditions that were fair and reasonable.

The FWC considered the submissions from both parties, as well as the evidence provided. The FWC found that the proposed agreement contained terms and conditions that were fair and reasonable for the employees. The agreement included provisions for wages, hours of work, leave entitlements, and other employment conditions that were considered to be equitable. The FWC was satisfied that the agreement provided for appropriate rates of pay and conditions of employment that were fair and reasonable, taking into account the economic climate and the needs of both the employer and employees. The FWC approved the application for the enterprise agreement to be registered.

The FWC made an order approving the Nilsen (WA) Pty Ltd Bunbury Enterprise Agreement 2014-2018 as meeting the requirements of the Fair Work Act. The agreement was registered with the Commission, and the terms and conditions outlined in the agreement became legally binding on both the employer and employees. The order was made on the basis that the agreement provided for appropriate rates of pay, conditions of employment, and other terms and conditions that were fair and reasonable.

Nilsen (WA) Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established