NOS Automation Solutions Pty Ltd T/A NOS Group Summary

[2013] FWCA 8226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

NOS Automation Solutions Pty Ltd T/A NOS Group
(AG2013/9370)

NOS AUTOMATION SOLUTIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 21 OCTOBER 2013

Application for approval of the NOS Automation Solutions Pty Ltd Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the NOS Automation Solutions Pty Ltd Single Enterprise Agreement 2013 (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 (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 13 October 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Director, NOS Automation Solutions Pty Ltd, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 21 October 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of the NOS Automation Solutions Pty Ltd Single Enterprise Agreement 2013. The applicant, NOS Automation Solutions Pty Ltd trading as NOS Group, sought to have the agreement recognised as a single enterprise agreement under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, and that it complied with all the relevant statutory requirements.

The primary issue before the Commission was whether the agreement met the criteria for approval as a single enterprise agreement. This required the Commission to consider whether the agreement contained the minimum terms and conditions set out in the Fair Work Act, and whether it was fair and reasonable in all its terms. The Commission also needed to determine whether the agreement was genuinely negotiated between the employer and the employees, and whether it was appropriately certified by the relevant union.

The Commission found that the agreement did indeed meet the statutory requirements for approval. The terms and conditions of the agreement were found to be fair and reasonable, and the Commission was satisfied that the agreement had been genuinely negotiated between the parties. The Commission also determined that the agreement was appropriately certified by the relevant union. Given these findings, the Commission approved the agreement as a single enterprise agreement.

The Fair Work Commission approved the NOS Automation Solutions Pty Ltd Single Enterprise Agreement 2013 as a single enterprise agreement, effective from the date of the Commission's decision. The agreement was found to contain the minimum terms and conditions required by the Fair Work Act, and was deemed fair and reasonable in all its terms. The Commission was also satisfied that the agreement had been genuinely negotiated between the parties and was appropriately certified by the relevant union.

NOS Automation Solutions Pty Ltd T/A NOS Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established