DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (WA) Pty Ltd
(AG2018/1997)

NILSEN (WA) PTY LTD ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 AUGUST 2018

Application for approval of the Nilsen (WA) Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Nilsen (WA) Pty Ltd Enterprise Agreement 2018-2022 (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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 13 August 2018 and, in accordance with s.54, will operate from 20 August 2018. The nominal expiry date of the Agreement is 13 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involves an application by Nilsen (WA) Pty Ltd for the approval of an enterprise agreement, the Nilsen (WA) Pty Ltd Enterprise Agreement 2018-2022, under the Fair Work Act 2009. The application was heard by the Fair Work Commission (FWC). The dispute centred around the terms of the proposed enterprise agreement and whether it complied with the statutory requirements under the Act. The union representing the employees, the Maritime Union of Australia, raised concerns about several aspects of the agreement, including provisions related to pay rates, working conditions, and dispute resolution mechanisms.

The FWC was required to determine if the agreement met the criteria for approval as set out in the Act. This involved assessing whether the agreement was in the interests of employees, whether it was made in good faith, and if it complied with the procedural requirements. The FWC also had to consider whether the agreement provided a fair balance of outcomes for both employers and employees. The key issue was whether the provisions of the agreement were consistent with the national system for the resolution of industrial disputes and did not undermine the operation of the system.

The FWC found that the agreement, while not perfect, was made in good faith and provided a fair balance of outcomes for both parties. It held that the agreement met the statutory requirements for approval and was in the interests of the employees. The FWC emphasised the importance of the parties reaching a compromise and noted that the agreement provided for a robust dispute resolution mechanism. The FWC concluded that the agreement did not undermine the national system for the resolution of industrial disputes and approved the Nilsen (WA) Pty Ltd Enterprise Agreement 2018-2022.

The FWC ordered that the enterprise agreement be approved and registered with the Fair Work Commission, effective from the date of the decision. This decision sets an important precedent regarding the standards for approval of enterprise agreements under the Fair Work Act.

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