DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (WA) Pty Ltd
(AG2021/6106)

NILSEN WA PTY LTD CONTRACTING DIVISION, COMMERCIAL ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 23 JULY 2021

Application for approval of the Nilsen WA Pty Ltd Contracting Division, Commercial Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Nilsen WA Pty Ltd Contracting Division, Commercial Enterprise Agreement 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 (WA) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of 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 30 July 2021. The nominal expiry date of the Agreement is 12 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Nilsen (WA) Pty Ltd, who sought approval for a commercial enterprise agreement from the Fair Work Commission. The agreement, intended for the contracting division of the company, was challenged by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in the interests of the employees and whether it met the statutory criteria for approval.

The primary legal issues addressed by the Commission were whether the agreement provided for fair and reasonable terms and conditions, whether it was genuinely negotiated, and whether it complied with the procedural requirements outlined in the Fair Work Act. The Commission had to consider the fairness of the agreement in terms of its impact on the employees, the negotiation process, and whether the agreement was in accordance with the legislative framework. The CFMEU's objections focused on the adequacy of the agreement's provisions, particularly concerning overtime, penalty rates, and the overall fairness of the terms.

In its decision, the Commission found that the agreement was fair and reasonable and met all statutory requirements. The Commission concluded that the negotiation process was genuine and that the agreement adequately protected the employees' interests. The Commission was satisfied that the agreement provided for fair compensation, including overtime and penalty rates, and that the overall terms were equitable. As a result, the Commission approved the agreement, finding it to be in the interests of the employees.

The Fair Work Commission approved the Nilsen WA Pty Ltd Contracting Division, Commercial Enterprise Agreement 2021. The Commission found that the agreement was fair and reasonable, complied with the statutory requirements, and adequately protected the employees' interests. The Commission's decision was based on the genuine negotiation process and the equitable terms of the agreement, including provisions for overtime and penalty rates.

Nilsen (WA) 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