DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NSG (Boffa) Pty Ltd
(AG2021/3936)

NSG (BOFFA) PTY LTD SINGLE ENTERPRISE AGREEMENT 2020 - 2023

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 FEBRUARY 2021

Application for approval of the NSG (Boffa) Pty Ltd Single Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement to be known as the NSG (Boffa) Pty Ltd Single Enterprise Agreement 2020 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by NSG (Boffa) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, NSG (Boffa) Pty Ltd applied for the approval of a Single Enterprise Agreement 2020-2023. The application was contested by the National Tertiary Education Union. The dispute centred on the terms of the proposed agreement, including wages, conditions, and other employment aspects. The Commission was required to determine whether the agreement complied with the Fair Work Act 2009 and the principles of procedural fairness.

The central legal issues included whether the agreement met the requirements for 'good faith' bargaining, whether the terms provided for a 'safety net' of minimum entitlements, and whether the process of developing the agreement was fair and transparent. The Commission also had to consider whether the agreement would promote harmonious, productive, and cooperative workplace relations.

In its decision, the Commission found that the agreement was made in good faith and provided for a safety net of minimum entitlements. The process was deemed to be fair and transparent, and the terms of the agreement were considered to be reasonable and in line with the principles of procedural fairness. The Commission approved the agreement, recognising its potential to foster cooperative workplace relations and meet the statutory requirements.

The final orders of the Commission were that the NSG (Boffa) Pty Ltd Single Enterprise Agreement 2020-2023 be approved and registered, effective from the date of the decision. The agreement was to be binding on all parties and enforceable as per the Fair Work Act 2009.

NSG (Boffa) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established