DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Niramar Pty Ltd
(AG2020/4008)

NIRAMAR PTY LTD ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 12 FEBRUARY 2021

Application for approval of the Niramar Pty Ltd Enterprise Agreement 2020.

[1] Application has been made by Niramar Pty Ltd for approval of a single enterprise agreement known as the Niramar Pty Ltd Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2021. The nominal expiry date of the Agreement is 11 February 2025.

[4] The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

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The case involved a dispute between Niramar Pty Ltd and its employees, which was brought before the Fair Work Commission. The employees sought approval of the Enterprise Agreement 2020, which had been negotiated between the employer and the employees' union. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement was fair and reasonable and if it met the legal requirements for approval.

The legal issues before the Commission included whether the agreement provided for terms and conditions that were no less favourable than the applicable minimum standards set out in the relevant industrial instruments and whether the agreement had been genuinely negotiated. The Commission also had to consider whether the agreement provided for proper processes for the resolution of employee grievances and disputes. Furthermore, the Commission was required to ensure that the agreement did not discriminate against any class of employee and that it complied with the requirements of the Fair Work Act.

After reviewing the evidence and submissions from both parties, the Commission found that the Enterprise Agreement 2020 was fair and reasonable and met the legal requirements for approval. The Commission determined that the agreement provided for terms and conditions that were no less favourable than the applicable minimum standards and that it had been genuinely negotiated. The Commission also found that the agreement provided for proper processes for the resolution of employee grievances and disputes and did not discriminate against any class of employee. As a result, the Commission approved the Enterprise Agreement 2020.

The Commission ordered that the Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered by the Commission and would be in effect from the date of registration. The Commission also ordered that the agreement would be binding on all employees covered by the agreement and on the employer. The decision of the Commission was final and binding on both parties.

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