Nsg Boffa Service Pty Ltd

[2024] FWCA 2454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Nsg Boffa Service Pty Ltd

(AG2024/2284)

NSG BOFFA SERVICE PTY LTD & CEPU SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2024 – 2027

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 3 JULY 2024

Application for approval of the NSG Boffa Service Pty Ltd & CEPU South Australian Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the NSG Boffa Service Pty Ltd & CEPU South Australian Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Nsg Boffa Service Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 3 July 2024.

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 the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, NSG Boffa Service Pty Ltd, sought the approval of a proposed enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMU). The agreement in question pertains to employees who are members of the CFMEU. The Fair Work Commission heard the application and was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009. The dispute centred on whether the proposed agreement adequately addressed the employees' rights and conditions, including matters such as wages, working hours, and dispute resolution mechanisms. The Commission had to consider the fairness and reasonableness of the agreement in light of the statutory requirements and relevant industrial considerations.

The primary legal issue before the Commission was whether the proposed enterprise agreement was "better off overall" for the employees. This involved assessing whether the agreement provided terms and conditions that were no worse than those under the relevant award or modern award, and whether it contained appropriate dispute resolution mechanisms. The Commission had to ensure that the agreement complied with the procedural fairness requirements and that the process by which it was negotiated was fair and appropriate. Additionally, the Commission needed to confirm that the agreement did not adversely affect the employees' ability to be represented by a registered organisation and did not undermine the protection of employees' rights under the Fair Work Act.

The Commission concluded that the proposed agreement met the necessary standards for approval. It found that the agreement provided terms and conditions that were at least as good as those under the relevant award, and that the dispute resolution mechanisms were fair and reasonable. The negotiation process was deemed to be fair, and the agreement was considered to be better off overall for the employees. The Commission also determined that the agreement did not undermine the protection of employees' rights or their ability to be represented by a registered organisation. Consequently, the Fair Work Commission approved the NSG Boffa Service Pty Ltd & CEPU South Australian Enterprise Agreement 2024-2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established