DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NX GEN Cabling Pty Ltd
(AG2020/25)

NX GEN CABLING PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 17 FEBRUARY 2020

Application for approval of the NX GEN Cabling Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the NX GEN Cabling Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NX GEN Cabling Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 24 February 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved NX GEN Cabling Pty Ltd, which sought approval of their 2019 enterprise agreement with the Electrical Trade Union (ETU) Sydney. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement complied with the relevant statutory provisions. The crux of the dispute lay in the specific terms and conditions set out in the agreement, which the ETU contested on several grounds. The primary legal issues centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the provision of fair and reasonable terms for employees.

The Commission examined the agreement to ensure it adhered to the legislative framework governing enterprise agreements. It assessed whether the agreement provided for fair remuneration, reasonable working hours, and adequate protections for employees. The Commission also considered whether the agreement had been genuinely negotiated between the parties and whether it provided for a fair and efficient dispute resolution process. Additionally, the Commission scrutinized the process by which the agreement was made, including whether proper consultation and disclosure requirements were met.

In its reasoning, the Commission found that the agreement largely complied with the statutory requirements. It determined that the terms regarding remuneration, working hours, and protections were fair and reasonable. The Commission also concluded that the agreement had been genuinely negotiated and provided for effective dispute resolution mechanisms. While there were minor procedural shortcomings in the consultation process, these did not significantly detract from the overall fairness of the agreement. Consequently, the Commission approved the NX GEN Cabling Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019, finding it to be a lawful and appropriate agreement under the Act.

NX GEN Cabling 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