DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NOS Automation Solutions Pty Ltd T/A NOS Group
(AG2017/6227)

NOS AUTOMATION SOLUTIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 FEBRUARY 2018

Application for approval of the NOS Automation Solutions Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the NOS Automation Solutions Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NOS Automation Solutions Pty Ltd T/S NOS Group. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 22 February 2018 and, in accordance with s.54, will operate from 1 March 2018. The nominal expiry date of the Agreement is 22 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NOS Automation Solutions Pty Ltd, trading as NOS Group, filed an application for the approval of its Single Enterprise Agreement 2017. The dispute involved the negotiation, terms, and conditions of employment for employees covered by the agreement. The matter was heard in the Fair Work Commission. The primary legal issues that the Commission needed to address involved whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its fairness and the process through which it was negotiated. Specifically, the Commission had to consider if the agreement was made in good faith and if it contained all the necessary minimum terms and conditions of employment.

The Commission thoroughly examined the negotiation process and the contents of the agreement. It was crucial to determine whether the agreement met the statutory criteria for approval, including that it was negotiated in good faith, that it contained all the required minimum terms, and that it did not adversely affect employees' conditions of employment. The Commission also evaluated submissions from both the employer and the employees' representatives, ensuring that the voices of all stakeholders were considered. The Commission found that the agreement was made in good faith and did not disadvantage employees. It contained all the necessary minimum terms and conditions and was therefore deemed to be fair and reasonable.

Consequently, the Commission approved the NOS Automation Solutions Pty Ltd Single Enterprise Agreement 2017. The approval was contingent upon the employer complying with all the terms of the agreement and ensuring that it was implemented as intended. This decision provided clarity and certainty for both the employer and the employees regarding the terms of their employment.

NOS Automation Solutions Pty Ltd T/A NOS Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established