DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NSG (Boffa) Pty Ltd
(AG2017/3082)

NSG (BOFFA) PTY LTD SINGLE ENTERPRISE AGREEMENT 2017-2020

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 AUGUST 2017

Application for approval of the NSG (Boffa) Pty Ltd Single Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the NSG (Boffa) Pty Ltd Single Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NSG (Boffa) Pty Ltd. 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.

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

[5] The Agreement was approved on 31 August 2017 and, in accordance with s.54, will operate from 7 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NSG (Boffa) Pty Ltd, an applicant, sought approval of the Single Enterprise Agreement 2017-2020 from the Fair Work Commission. The agreement was between NSG and the relevant trade union. The dispute centred around the terms and conditions of the proposed agreement, which aimed to govern the employment of NSG’s workers for the specified period. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the agreement was in the best interests of the employees and whether it complied with the procedural and substantive requirements of the Act. This involved assessing if the agreement was made in good faith, whether it contained the essential minimum terms, and if the procedural steps followed in making the agreement were appropriate. Additionally, the Commission had to consider if the agreement provided fair and reasonable terms for the employees, including pay rates, conditions, and dispute resolution mechanisms.

In rendering its decision, the Commission thoroughly examined the procedural fairness of the negotiations and the contents of the agreement. It found that the agreement was made in good faith, adhered to the essential minimum terms, and was fair and reasonable. The Commission also noted that the agreement provided adequate mechanisms for resolving disputes and that the negotiation process was transparent and inclusive. Based on these findings, the Commission approved the agreement, recognising its benefits for both the employees and the employer.

The Fair Work Commission approved the Single Enterprise Agreement 2017-2020 between NSG (Boffa) Pty Ltd and the relevant trade union. The agreement was deemed to meet all the legal requirements and to be in the best interests of the employees. The Commission's approval was based on the satisfactory negotiation process, the fairness of the terms, and compliance with the Act. This decision ensured that the agreement would govern the employment terms for the specified period, providing a stable and fair working environment for all parties involved.

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