DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NDT Tech Ops Pty Ltd T/A NDT Tech Ops Pty Ltd
(AG2019/2430)

NDT TECH OPS PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 27 AUGUST 2019

Application for approval of the NDT Tech Ops Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the NDT Tech Ops Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NDT Tech Ops Pty Ltd T/A NDT Tech Ops Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2019. The nominal expiry date of the Agreement is 26 August 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved NDT Tech Ops Pty Ltd, trading as NDT Tech Ops Pty Ltd, and the Australian Manufacturing Workers’ Union. The dispute centred around the application for the approval of the NDT Tech Ops Pty Ltd Enterprise Agreement 2019. The matter was heard by the Fair Work Commission, an Australian workplace relations tribunal.

The primary legal issues the court needed to address were whether the agreement met the criteria set out in the Fair Work Act 2009, particularly concerning the process through which the agreement was made and the content of the agreement itself. The court had to ensure that the agreement was not only procedurally valid but also substantively fair and reasonable. The court also had to consider whether the agreement complied with relevant minimum standards and whether it contained provisions that were contrary to public policy.

The court carefully reviewed the evidence and submissions presented by both parties. It determined that the agreement was procedurally sound, as it was made in good faith and followed the correct process as required by the Fair Work Act. The court also found that the content of the agreement was fair and reasonable, as it provided for appropriate terms and conditions of employment that were not contrary to public policy. The court concluded that the agreement met all the necessary criteria for approval and granted the application for its registration.

The Fair Work Commission approved the NDT Tech Ops Pty Ltd Enterprise Agreement 2019, making it a legally binding instrument between the employer and the employees covered by the agreement. The approval ensures that the terms and conditions outlined in the agreement are enforceable and that the parties are bound by the provisions contained within.

NDT Tech Ops Pty Ltd T/A NDT Tech Ops 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