DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Niramar Pty Ltd
(AG2016/1065)

NIRAMAR PTY LTD ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 1 JUNE 2016

Application for approval of the Niramar Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Niramar Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Niramar 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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2016. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Niramar Pty Ltd applied to the Fair Work Commission for approval of the Niramar Pty Ltd Enterprise Agreement 2016. The applicant is an employer and the respondent is a trade union representing its employees. The dispute centres on whether the proposed enterprise agreement complies with the relevant legislative provisions. The case was heard by the Fair Work Commission, which has the authority to approve, reject, or seek amendments to enterprise agreements under the Fair Work Act 2009. The central legal issues before the Commission were whether the agreement met the requirements for being a "simple, fair, and efficient" enterprise agreement and whether it complied with the "better off overall test." The Commission considered whether the agreement provided for fair terms and conditions of employment, including minimum rates of pay, penalty rates, leave entitlements, and other conditions. It also examined whether the agreement ensured that employees would be no worse off financially than under the applicable award or safety net award.

The Fair Work Commission deliberated on the evidence and submissions presented by both parties. The Commission found that the proposed agreement was fair and efficient, meeting the statutory criteria. The agreement provided for adequate pay and conditions, and the Commission concluded that employees would not be worse off under the agreement compared to their current awards. The Commission also considered the views of the employees and the employer, as well as the union's role in the negotiation process. Ultimately, the Commission was satisfied that the agreement was in the best interests of the employees and the employer, and it approved the enterprise agreement. The Commission's decision was based on the evidence provided and the application of the relevant statutory provisions.

Niramar 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