DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carers NT Incorporated t/a Carers NT
(AG2015/6814)

CARERS NT ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER ROE	MELBOURNE, 6 JANUARY 2016

Application for approval of the Carers NT Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Carers NT Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carers NT Incorporated t/a Carers NT. 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 Agreement was approved on 6 January 2016 and, in accordance with s.54, will operate from 13 January 2016. The nominal expiry date of the Agreement is6 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Carers NT Incorporated, trading as Carers NT, applied to the Fair Work Commission for the approval of the Carers NT Enterprise Agreement 2015. The application was contested by the Australian Council of Trade Unions (ACTU) and the Australian Services Union (ASU). The primary dispute centred on the terms and conditions outlined in the proposed agreement, specifically regarding pay rates, leave entitlements, and other employment benefits.

The legal issues before the court involved whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Key concerns included whether the agreement provided for minimum rates of pay, leave entitlements, and other terms that were not less favourable than the applicable modern awards. The court was also required to consider if the agreement was genuinely bargained and whether it met the criteria for good faith bargaining.

The Fair Work Commission determined that while the agreement addressed some of the legal requirements, it fell short in certain areas, particularly concerning the pay rates and leave entitlements for employees. The court found that the proposed agreement did not provide for adequate minimum rates of pay and leave provisions that were not less favourable than the applicable modern awards. Consequently, the court rejected the application for approval of the agreement, stating that it did not meet the statutory requirements under the Fair Work Act 2009. The decision highlighted the need for the agreement to be revised to ensure compliance with all relevant legal standards.

Carers NT Incorporated t/a Carers NT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established