Ngurratjuta/Pmara Ntjarra

[2013] FWCA 3170

[2013] FWCA 3170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ngurratjuta/Pmara Ntjarra
(AG2013/6061)

NGURRATJUTA/PMARA NTJARRA ABORIGINAL CORPORATION EMPLOYEE COLLECTIVE AGREEMENT 2013

Northern Territory
COMMISSIONER LEE	MELBOURNE, 22 MAY 2013

Application for approval of the Ngurratjuta/Pmara Ntjarra Aboriginal Corporation Employee Collective Agreement 2013-2017.

[1] An application has been made for approval of a single-enterprise agreement known as the Ngurratjuta/Pmara Ntjarra Aboriginal Corporation Employee Collective Agreement 2013-2017 (the Agreement). The application was made by Ngurratjuta/Pmara Ntjarra (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Agreement contained minor numbering errors in clauses 3.2, 3.3, 3.4 and 3.5. Pursuant to section 586(a) of the Act, the errors are corrected in the published Agreement.

[3] The Agreement does not contain a consultation term as prescribed by section 205 of the Act. 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.

[4] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2013. The nominal expiry date of the Agreement is 28 May 2017.

COMMISSIONER

Annexure A:

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