DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nhulunbuy Corporation Limited
(AG2015/1912)

NHULUNBUY CORPORATION LIMITED ENTERPRISE AGREEMENT 2015-2018

Northern Territory
VICE PRESIDENT LAWLER	SYDNEY, 30 MARCH 2015

Application for approval of the Nhulunbuy Corporation Limited Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Nhulunbuy Corporation Limited Enterprise Agreement 2015-2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Nhulunbuy Corporation Limited. 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] United Voice Northern Territory Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2015. The nominal expiry date of the Agreement is 6 April 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Nhulunbuy Corporation Limited applied to the Fair Work Commission for approval of the Nhulunbuy Corporation Limited Enterprise Agreement 2015-2018. The application arose from the negotiation of an enterprise agreement between the Nhulunbuy Corporation Limited, an employer, and its employees, represented by the Northern Territory Council of Trade Unions. The primary dispute centred on whether the proposed agreement complied with relevant legislative provisions and whether it provided fair and reasonable terms and conditions of employment.

The court was required to determine whether the agreement met the statutory criteria for approval, including whether it provided for the direct fixation of rates of pay and conditions of employment and whether it was likely to achieve a more productive workplace. The court also had to consider whether the agreement provided for the proper balance between the interests of the employees and the employer and whether it was in the best interests of the employees.

In reaching its decision, the court examined the content and provisions of the proposed agreement, including the terms and conditions of employment, the dispute resolution mechanisms, and the overall fairness of the agreement. The court considered submissions from both parties and relevant legislative provisions, including the Fair Work Act 2009. Ultimately, the court found that the agreement met the statutory criteria for approval and was in the best interests of the employees. The agreement was approved and registered by the Fair Work Commission.

No specific orders were made beyond the approval and registration of the agreement as required by the Fair Work Act.

Nhulunbuy Corporation Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established