DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ingkerreke Commercial Pty Ltd as trustee for the Ingkerreke Operational Trust T/A Ingkerreke Commercial
(AG2017/345)

INGKERREKE COMMERCIAL ENTERPRISE AGREEMENT 2016 - 2020

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 7 JULY 2017

Application for approval of the Ingkerreke Commercial Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Ingkerreke Commercial Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ingkerreke Commercial Pty Ltd as trustee for the Ingkerreke Operational Trust T/A Ingkerreke Commercial. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2017. The nominal expiry date of the Agreement is 6 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Ingkerreke Commercial Pty Ltd as trustee for the Ingkerreke Operational Trust, trading as Ingkerreke Commercial, applied to the Fair Work Commission for approval of the Ingkerreke Commercial Enterprise Agreement 2016-2020. The applicant argued that the agreement should be approved as meeting the requirements of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement did not meet the requirements of the Act and was not in the best interests of the employees. The legal issues before the Commission were whether the agreement met the criteria for approval under section 234 of the Fair Work Act and whether the agreement was in the best interests of the employees.

The Commission found that the agreement met the criteria for approval under section 234 of the Fair Work Act. The agreement provided for a modern award, included provisions for minimum rates of pay, leave entitlements, and other conditions of employment. The Commission also found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable outcome for both the employer and the employees. The Commission noted that the agreement provided for a number of benefits for employees, including increased wages and improved conditions of employment. The Commission approved the agreement, subject to certain modifications to address the concerns of the union.

The final orders of the Commission included approval of the agreement, subject to modifications, and directions for the parties to take certain steps to ensure compliance with the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission and that a copy of the agreement be provided to each employee. The Commission found that the agreement provided a fair and reasonable outcome for both the employer and the employees and was in the best interests of the employees. The Commission's decision provides guidance to employers and unions on the requirements for an enterprise agreement to be approved under the Fair Work Act.

Ingkerreke Commercial Pty Ltd as trustee for the Ingkerreke Operational Trust T/A Ingkerreke Commercial

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established