DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NRG Electrical (Qld) Pty Ltd T/A NRG Services
(AG2018/5201)

NRG SERVICES ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 MARCH 2019

Application for approval of the NRG Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the NRG Services Enterprise Agreement 2018 (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.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 19 March 2019 and, in accordance with s.54, will operate from 26 March 2019. The nominal expiry date of the Agreement is 18 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, NRG Electrical (Qld) Pty Ltd T/A NRG Services applied for approval of the NRG Services Enterprise Agreement 2018. The application was heard in the Fair Work Commission by the Deputy President, who was tasked with determining whether the agreement met the legal standards set by the Act. The primary dispute centred around the provisions of the proposed enterprise agreement and whether it complied with the requirements for a modern award, as well as the procedural fairness in the agreement's creation.

The court was required to address several legal issues, including whether the agreement provided for fair and reasonable terms and conditions, if it was made in good faith, and if the necessary procedural steps were followed in its negotiation and execution. The court also needed to consider if the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Fair Work Commission found that the NRG Services Enterprise Agreement 2018 met the necessary criteria for approval. The Deputy President determined that the agreement contained fair and reasonable terms, was made in good faith, and adhered to the procedural requirements set out in the Fair Work Act. The court was satisfied that the agreement balanced the interests of both the employer and employees, thus fulfilling the statutory criteria for approval. The NRG Services Enterprise Agreement 2018 was subsequently approved by the Fair Work Commission.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established