DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of the Northern Territory T/A Master Builders NT
(AG2016/1050)

ENTERPRISE AGREEMENT BETWEEN ALL CAST (NT) DRAINAGE SYSTEMS PTY LTD AND EMPLOYEES 2016-2019

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 20 JUNE 2016

Application for approval of the Enterprise Agreement between All Cast (NT) Drainage Systems Pty Ltd and Employees 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement between All Cast (NT) Drainage Systems Pty Ltd and Employees 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Builders Association of the Northern Territory T/A Master Builders NT. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2016. The nominal expiry date of the Agreement is 19 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Master Builders Association of the Northern Territory Trading as Master Builders NT has applied to the Fair Work Commission for approval of the Enterprise Agreement between All Cast (NT) Drainage Systems Pty Ltd and Employees 2016-2019. The respondents to the application were All Cast (NT) Drainage Systems Pty Ltd and its employees. The dispute centred around the terms and conditions of employment set out in the proposed enterprise agreement, including issues such as wages, hours of work, leave entitlements, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The central legal issues that the Fair Work Commission had to resolve included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the relevant provisions of the Fair Work Act, and whether it was made in good faith and without coercion. Additionally, the Commission needed to consider whether the agreement provided for adequate protections for employees, including minimum wages and entitlements, and whether it facilitated efficient workplace relations. The Commission also had to ensure that the agreement was not contrary to public policy and did not undermine the right to freedom of association.

After carefully considering the evidence and submissions presented by the parties, the Fair Work Commission determined that the Enterprise Agreement between All Cast (NT) Drainage Systems Pty Ltd and Employees 2016-2019 met the statutory requirements and was in the best interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, complied with the Fair Work Act, and was made in good faith and without coercion. The agreement was also found to provide adequate protections for employees and facilitate efficient workplace relations. Consequently, the Fair Work Commission approved the enterprise agreement, and it became legally binding on the parties from the date of the decision.

The final orders of the Fair Work Commission were that the Enterprise Agreement between All Cast (NT) Drainage Systems Pty Ltd and Employees 2016-2019 be approved, and that it be registered with the Fair Work Commission. The agreement was to take effect from the date of the decision and remain in force until 30 June 2019, unless terminated earlier in accordance with its provisions. The decision was binding on the parties and provided a clear framework for the terms and conditions of employment for the employees of All Cast (NT) Drainage Systems Pty Ltd during the specified period.

Master Builders Association of the Northern Territory T/A Master Builders NT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established