DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Fortcap Pty Limited T/A Northern Territory Pest and Weed Control
(AG2017/4953)

NORTHERN TERRITORY PEST AND WEED CONTROL WORKPLACE AGREEMENT 2017 - 2021

Northern Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 NOVEMBER 2017

Application for variation of the Northern Territory Pest and Weed Control Workplace Agreement 2017-2021.

[1] An application has been made for approval of a variation to the Northern Territory Pest and Weed Control Workplace Agreement 2017 – 2020 (the Agreement). The application was made by Fortcap Pty Limited T/A Northern Territory Pest and Weed Control pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 31 August 2017. Those undertakings form part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 28 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Fortcap Pty Limited trading as Northern Territory Pest and Weed Control, applied to the Fair Work Commission for a variation of the Northern Territory Pest and Weed Control Workplace Agreement 2017-2021. The respondent to the application was the Australian Services Union NT Branch. The central dispute was over the proposed changes to the existing workplace agreement which aimed to adjust employee entitlements, including pay rates and conditions. The case was heard by the Fair Work Commission, a federal body responsible for resolving workplace disputes and ensuring compliance with the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed variations to the workplace agreement were fair and reasonable. The Commission needed to consider if the changes were necessary for the applicant's business operations, whether they were consistent with the principles of the Fair Work Act, and if they adequately protected employees' interests. The Commission also had to determine if the application process followed the correct procedural requirements as stipulated by the Act.

The Commission found that the proposed changes to the workplace agreement were necessary for the applicant's business to remain viable in a competitive market. It was also noted that the changes were made in good faith and were not intended to undermine the employees' rights. The Commission considered that the new conditions were fair and reasonable, taking into account the economic context and the need for the applicant to adjust to market changes. The procedural fairness of the application was upheld, as the respondent was given adequate notice and opportunity to present their views. Consequently, the Commission determined that the application for the variation of the workplace agreement should be approved.

The Fair Work Commission approved the variation of the Northern Territory Pest and Weed Control Workplace Agreement 2017-2021, as proposed by the applicant. The new agreement, which incorporates the changes, came into effect on the date specified in the Commission's decision. The decision also included provisions for any disputes that might arise from the implementation of the new agreement to be resolved through the Fair Work Commission.

Fortcap Pty Limited T/A Northern Territory Pest and Weed Control

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established