DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (WA) Pty Ltd
(AG2015/2788)

NILSEN WA PTY LTD CONTRACTING DIVISION, COMMERCIAL ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 2 JUNE 2015

Application for approval of the Nilsen WA Pty Ltd Contracting Division, Commercial Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Nilsen WA Pty Ltd Contracting Division, Commercial Enterprise Agreement 2015 (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 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, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 June 2015 and, in accordance with s.54, will operate from 9 June 2015. The nominal expiry date of the Agreement is 31 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nilsen (WA) Pty Ltd was the subject of an application for approval of the company's Contracting Division Commercial Enterprise Agreement 2015. The applicant, being the employer, sought approval from the Fair Work Commission for the proposed agreement. The Australian Manufacturing Workers' Union, the respondent, opposed the application on the grounds that the agreement did not provide for adequate pay rates and conditions for employees.

The legal issues before the court involved the determination of whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for appropriate minimum rates of pay, allowances, and conditions for the employees, and whether it complied with the requirements for fair and efficient bargaining.

The Fair Work Commission, in considering the application, examined the provisions of the proposed agreement and the evidence presented by both parties. The court found that the proposed agreement did not adequately address the minimum rates of pay and conditions for employees, as it failed to provide for appropriate allowances and overtime provisions. Furthermore, the court found that the agreement did not comply with the requirements for fair and efficient bargaining. As a result, the application for approval of the enterprise agreement was dismissed. The court ordered that the application be returned to the parties for further negotiation and bargaining to address the identified issues.

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