DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (WA) Pty Ltd
(AG2015/2142)

NILSEN (WA) PTY LTD SWITCHBOARDS ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 27 MARCH 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Nilsen (WA) Pty Ltd Switchboards 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 27 March 2015 and, in accordance with s.54, will operate from 3 April 2015. The nominal expiry date of the Agreement is 27 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Nilsen (WA) Pty Ltd, sought approval of the Nilsen (WA) Pty Ltd Switchboards Enterprise Agreement 2014-2018 from the Fair Work Commission. The agreement was made between the company and its employees and outlined terms and conditions of employment. The applicants were represented by Mr. S.J.W. Brown, and the respondents, the Electrical Trades Union of Australia and the Electrical Industries Union of Australia, were represented by Mr. D.J.R. O’Leary. The Commission's task was to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue for the Commission was whether the agreement was made in the course of genuine bargaining and whether it met the "better off overall test" (BOOT). This test required the Commission to consider whether the proposed agreement provided employees with at least the same overall pay and conditions as they would have under the relevant awards. Additionally, the Commission needed to consider whether the agreement covered the necessary minimum terms and whether it was procedurally sound.

In making its decision, the Commission considered the evidence presented and found that the agreement had been made in the course of genuine bargaining. The Commission was satisfied that the parties had negotiated the agreement in good faith and that the agreement contained provisions that were better than the relevant awards. The Commission also found that the agreement covered the required minimum terms and was procedurally sound. As a result, the Commission approved the agreement, finding that it met all the necessary criteria under the Fair Work Act.

The Commission's approval of the agreement means that the terms and conditions set out in the Nilsen (WA) Pty Ltd Switchboards Enterprise Agreement 2014-2018 will apply to the employees covered by the agreement. The agreement will now form the basis of the employment relationship between the company and its employees for the duration of the agreement.

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