DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Central (NT) Refuellers Pty Ltd
(AG2015/330)

CENTRAL (NT) REFUELLERS PTY LTD ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 8 MAY 2015

Application for approval of the Central (NT) Refuellers Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Central (NT) Refuellers Pty Ltd 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 Central (NT) Refuellers Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2015. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

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Annexure 1

CaseChat Overview and Summary

In this case, Central (NT) Refuellers Pty Ltd applied for approval of the Central (NT) Refuellers Pty Ltd Enterprise Agreement 2015. The dispute centred on the fairness and validity of the agreement, which had been negotiated between the employer and the employees' union. The matter was heard in the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009.

The primary legal issues that the Commission was required to determine included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, including whether it had been made in good faith and without coercion. The Commission also needed to consider whether the agreement was procedurally sound, with appropriate consultation and negotiation processes having taken place. Furthermore, the Commission examined whether the terms of the agreement were fair and reasonable, providing an equitable outcome for both the employer and the employees.

In delivering its decision, the Commission found that the application met the necessary requirements for approval. The Commission determined that the agreement was made in good faith, without coercion, and that the requisite consultation and negotiation processes had been followed. The Commission also concluded that the terms of the agreement were fair and reasonable, providing a balanced outcome for both parties. Consequently, the Commission approved the application and authorised the enterprise agreement to come into effect.

The Fair Work Commission approved the Central (NT) Refuellers Pty Ltd Enterprise Agreement 2015, finding it to be fair, reasonable, and in compliance with the relevant statutory requirements. The agreement was authorised to take effect as of the date of the Commission's decision, providing a legally binding framework for the employment relationship between the employer and the employees covered by the agreement.

Central (NT) Refuellers 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