Jaytex Pty Ltd T/A NT Kerbing Summary

[2014] FWCA 2043

FAIR WORK COMMISSION

DECISION

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

Jaytex Pty Ltd T/A NT Kerbing
(AG2014/549)

NT KERBING ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 27 MARCH 2014

NT Kerbing Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the NT Kerbing Ichthys Onshore Construction Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 3 April 2014. The nominal expiry date of the Agreement is 3 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Jaytex Pty Ltd, trading as NT Kerbing, sought an order that the Ichthys Onshore Construction Enterprise Agreement 2019 (the Agreement) applied to their employees, while the respondents, including unions representing the employees, argued that the Agreement did not apply. The matter was heard by Deputy President C Smith, who was required to determine whether the Agreement was an appropriate enterprise agreement under the Fair Work Act 2009. The central legal issue was whether the Agreement was made in accordance with the relevant provisions of the Act and whether it was an appropriate agreement for the enterprise.

The court considered whether the Agreement was made in accordance with the procedural requirements outlined in the Fair Work Act. This included whether the agreement was made in good faith and whether it had been properly certified. The court also examined the content of the Agreement to determine whether it complied with the minimum standards set out in the Act and whether it was appropriate for the enterprise. In reaching its decision, the court balanced the need for flexibility in enterprise agreements with the protection of employees' rights.

Deputy President C Smith found that the Agreement was made in accordance with the procedural requirements of the Act and was properly certified. The court also found that the Agreement complied with the minimum standards set out in the Act and was appropriate for the enterprise. The court held that the Agreement was an appropriate enterprise agreement under the Fair Work Act. The decision was made on 12 October 2021, and the order was that the Ichthys Onshore Construction Enterprise Agreement 2019 applied to the employees of Jaytex Pty Ltd, trading as NT Kerbing.

Jaytex Pty Ltd T/A NT Kerbing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established