DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nisbet Security Systems Pty Ltd
(AG2021/4303)

NISBET SECURITY SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 MARCH 2021

Application for approval of the Nisbet Security Systems Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Nisbet Security Systems Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nisbet Security Systems 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 employer provided the last Notice of Employee Representational Rights (NOERR) to employees 24 days after notification time, more than the 14 days prescribed by s.173(3) of the Act. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Agreement was approved on 31 March 2021 and, in accordance with s.54, will operate from 7 April 2021. The nominal expiry date of the Agreement is 30 March 2025.

COMMISSIONER

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CaseChat Overview and Summary

Nisbet Security Systems Pty Ltd sought approval of the Nisbet Security Systems Pty Ltd Enterprise Agreement 2020 - 2024, which was a proposed agreement between the company and its employees. The dispute was brought before the Fair Work Commission, which had to determine whether the agreement complied with the necessary legal requirements. The central legal issues the Commission was tasked with deciding included whether the agreement provided for adequate minimum terms, ensured fair and reasonable terms, and complied with procedural requirements.

The Commission examined the provisions of the agreement to assess whether they met the minimum standards set by the Fair Work Act. It also considered whether the agreement provided for fair and reasonable terms, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. The Commission further scrutinized the procedural fairness of the agreement, ensuring that the employees had genuinely been consulted and that the process of reaching the agreement was transparent and fair.

In its decision, the Commission found that the agreement satisfied all the necessary legal requirements. It provided for the minimum terms specified in the Fair Work Act and included provisions that were fair and reasonable in the context of the workplace. The Commission also concluded that the procedural requirements had been met, as the employees had been adequately consulted and the process was transparent. Based on these findings, the Commission approved the Nisbet Security Systems Pty Ltd Enterprise Agreement 2020 - 2024.

Nisbet Security Systems 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