DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NSG Boffa Service Pty Ltd
(AG2020/3759)

NSG BOFFA SERVICE PTY LTD SINGLE ENTERPRISE AGREEMENT 2020 – 2023

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 5 JANUARY 2021

Application for approval of the NSG BOFFA Service Pty Ltd Single Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the NSG BOFFA Service Pty Ltd Single Enterprise Agreement 2020 - 2023 (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 Service Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 32.1(b) and 32.1(e) – Sick/Carer’s Leave; and

• Clause 39.4 – Summary Dismissal.

However, noting clause 6 of the Agreement, 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 12 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NSG Boffa Service Pty Ltd, a company engaged in the provision of mining services, was the subject of an application before the Fair Work Commission for approval of a Single Enterprise Agreement. The applicant, being the employer, sought approval of the agreement which covered employees who were classified as "Mining Services Workers". The dispute pertained to the classification of certain employees, their rates of pay, and various other conditions of employment. The Fair Work Commission was tasked with assessing whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in all the circumstances.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as stipulated under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the procedural requirements for single interest enterprise bargaining. The Commission also had to consider the nature of the bargaining process and the extent to which the agreement reflected the outcomes of genuine negotiations between the parties.

In reaching its decision, the Fair Work Commission examined the evidence presented regarding the negotiation process and the content of the proposed agreement. The Commission found that the employer had engaged in genuine negotiations with the employees’ representatives and that the agreement reflected the outcomes of those negotiations. The Commission noted that the agreement provided for terms and conditions that were fair and reasonable, taking into account the economic circumstances and the needs of the employees. Furthermore, the Commission was satisfied that the agreement complied with all procedural requirements and was therefore eligible for approval.

The Fair Work Commission approved the NSG BOFFA Service Pty Ltd Single Enterprise Agreement 2020-2023, finding it to be fair and reasonable and in compliance with the relevant provisions of the Fair Work Act. This decision ensured that the employees covered by the agreement would benefit from the agreed terms and conditions of employment.

NSG Boffa Service 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