DECISION

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

Ensign Services (Aust) Pty Ltd
(AG2015/478)

ENSIGN DARWIN ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER WILSON	ADELAIDE, 22 MAY 2015

Application for approval of the Ensign Darwin Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ensign Darwin 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 Ensign Services (Aust) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have 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 29 May 2015. The nominal expiry date of the Agreement is 22 May 2018.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Ensign Services (Aust) Pty Ltd recently appeared before the Fair Work Commission to seek approval for the Ensign Darwin Enterprise Agreement 2015. The agreement, which was negotiated between the company and a trade union, aimed to establish the terms and conditions of employment for certain employees. The dispute centred around the fairness and appropriateness of the proposed agreement, particularly in light of the legal requirements for enterprise agreements under the Fair Work Act 2009.

The Commission was tasked with determining whether the agreement met the necessary criteria for approval. This included assessing whether the agreement was made in good faith, whether it was genuinely an enterprise agreement, and whether it provided for the proper payment of wages and conditions. Additionally, the Commission had to consider whether the agreement was procedurally fair, given that it was made without the direct involvement of all affected employees.

In its decision, the Commission examined the evidence and submissions provided by both parties. It found that the agreement was made in good faith and was genuinely an enterprise agreement. The Commission also determined that the agreement provided for the proper payment of wages and conditions and was procedurally fair. As a result, the Commission approved the Ensign Darwin Enterprise Agreement 2015, allowing it to come into effect and bind both the employer and the employees covered by the agreement.

Ensign Services (Aust) 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