DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NSG (Boffa) Pty Ltd
(AG2017/592)

NSG BOFFA SERVICE PTY LTD; SINGLE ENTERPRISE AGREEMENT 2017-2020

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2017

Application for approval of the NSG BOFFA Service Pty Ltd; Single Enterprise Agreement 2017-2020.

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

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 March 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

The parties involved in this matter are NSG (Boffa) Pty Ltd, an employer, and the relevant union, who were seeking approval of a Single Enterprise Agreement 2017-2020. The application was heard in the Fair Work Commission. The primary dispute centred around the terms and conditions of the proposed agreement, with the union asserting that certain provisions were unfair or not sufficiently beneficial to the employees.

The legal issues that the court had to resolve involved whether the proposed agreement met the criteria for approval as set out in the Fair Work Act 2009. This included whether the agreement provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements for the approval of single interest enterprise agreements. The court had to examine the fairness of specific provisions, including those related to wages, hours of work, and other employment conditions.

The Fair Work Commission, in its decision, assessed the agreement against the legal framework and determined that, while some provisions were contentious, the overall agreement was fair and reasonable. The court found that the benefits provided by the agreement outweighed the concerns raised by the union. The procedural aspects of the agreement were also deemed to be in compliance with the necessary legislative requirements. Consequently, the court approved the Single Enterprise Agreement 2017-2020.

The court's decision to approve the agreement was based on the overall fairness and reasonableness of the terms, and the compliance with legislative requirements. The final orders of the court were to approve the Single Enterprise Agreement 2017-2020 as proposed by NSG (Boffa) Pty Ltd and the union, subject to the specific terms and conditions set out in the agreement.

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