Nrg Electrical (Qld) Pty Ltd T/A Nrg Services Summary

[2023] FWCA 62

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nrg Electrical (Qld) Pty Ltd T/A Nrg Services

(AG2022/5366)

NRG SERVICES ENTERPRISE AGREEMENT 2023

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 9 JANUARY 2023

Application for approval of the NRG Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the NRG Services Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nrg Electrical (Qld) Pty Ltd T/A Nrg Services. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2023. The nominal expiry date of the Agreement is 8 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Nrg Electrical (Qld) Pty Ltd, trading as Nrg Services, which sought approval of the NRG Services Enterprise Agreement 2023. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The dispute centred around whether the agreement sufficiently covered all the required terms and conditions and whether it complied with the legal requirements for enterprise agreements.

The court had to consider several legal issues, including whether the agreement was made genuinely for the purpose of regulating the relationships between the employer and the employees, whether it had been made without any coercion, and whether it provided for a fair and efficient system for resolving disputes. The court also needed to ensure that the agreement met the minimum terms and conditions set out in the relevant award and that it did not unfairly discriminate against any group of employees.

The Fair Work Commission found that the NRG Services Enterprise Agreement 2023 met all the legal criteria for approval. The Commission was satisfied that the agreement was genuinely made for the purpose of regulating the relationships between the employer and the employees, and that it had been made without any coercion. The Commission also found that the agreement provided for a fair and efficient system for resolving disputes, and that it met the minimum terms and conditions set out in the relevant award. The Commission was further satisfied that the agreement did not unfairly discriminate against any group of employees.

The Fair Work Commission approved the NRG Services Enterprise Agreement 2023, finding that it met all the legal requirements for approval under the Fair Work Act 2009. The agreement was therefore approved and will apply to the employees covered by it from the effective date.

Nrg Electrical (Qld) Pty Ltd T/A Nrg Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established