DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NL Consulting Services Pty Ltd T/A Workplace Solutions
(AG2016/6625)

ECIS SERVICES ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the ECIS Services Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the ECIS Services Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NL Consulting Services Pty Ltd T/A Workplace Solutions. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 14 November 2016 and, in accordance with s.54, will operate from 21 November 2016. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by NL Consulting Services Pty Ltd, trading as Workplace Solutions, for the approval of the ECIS Services Enterprise Agreement 2016-2020. This agreement sought to govern the employment terms and conditions for employees within the ECIS Services sector. The dispute centred around whether the proposed agreement met the necessary legal requirements for approval under the Fair Work Act 2009, specifically focusing on the agreement's compliance with the Act's provisions concerning minimum entitlements and the process for making the agreement.

The central legal issues addressed by the Commission included whether the agreement provided for terms and conditions that met or exceeded the minimum standards prescribed by the National Employment Standards and other relevant awards. Additionally, the Commission needed to determine if the agreement was genuinely negotiated and if the process for making the agreement complied with the statutory requirements. The fairness of the agreement's terms, including any provisions regarding pay and conditions, was also a critical aspect of the evaluation.

In rendering its decision, the Commission examined the negotiation process and the terms of the proposed agreement in detail. It was found that the agreement provided for terms and conditions that were at least equal to the minimum standards set out in the National Employment Standards. Furthermore, the Commission concluded that the agreement had been genuinely negotiated between the parties and that the process adhered to the legal requirements under the Act. Given these findings, the Commission approved the application for the agreement, recognising its compliance with the statutory obligations and the fairness of its terms. This approval ensures that the agreement will now serve as a binding contract governing the employment conditions within the specified sector.

NL Consulting Services Pty Ltd T/A Workplace Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established