DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NILSEN (WA) Pty Ltd
(AG2018/1458)

NILSEN WA PTY LTD CONTRACTING DIVISION, COMMERCIAL ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 26 JULY 2018

Application for approval of the Nilsen WA Pty Ltd Contracting Division, Commercial Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Nilsen WA Pty Ltd Contracting Division, Commercial Enterprise Agreement 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] 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, 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 2 August 2018. The nominal expiry date of the Agreement is 26 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Nilsen (WA) Pty Ltd to approve a proposed enterprise agreement, referred to as the Contracting Division, Commercial Enterprise Agreement 2018. The applicants sought to have the agreement recognised as meeting the requirements of the Fair Work Act 2009, and consequently, to be registered with the Fair Work Commission. The dispute centred on the proposed terms and conditions of employment for the employees of Nilsen's contracting division, specifically those involved in commercial enterprise activities.

The central legal issues that the Commission needed to resolve included whether the proposed agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it was consistent with the provisions of the Act. This involved examining whether the agreement appropriately addressed minimum entitlements such as wages, leave, and conditions, as well as ensuring that the agreement complied with the procedural requirements for registration. Additionally, the Commission had to consider whether any provisions within the agreement unfairly disadvantaged any particular group of employees or were otherwise contrary to the public interest.

In reaching its decision, the Fair Work Commission carefully reviewed the proposed agreement against the legislative framework. The Commission found that the agreement met all the mandatory term requirements and was procedurally sound. The Commission confirmed that the agreement provided for fair and reasonable terms that did not unjustifiably disadvantage any employees. After thorough consideration, the Commission approved the Contracting Division, Commercial Enterprise Agreement 2018, and directed its registration. This decision was made on the basis that the agreement was fair, reasonable, and in compliance with all relevant legislative requirements.

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