DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nightcliff Family Centre Incorporated
(AG2014/10699)

NIGHTCLIFF FAMILY CENTRE INC. ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 30 JANUARY 2015

Application for approval of the Nightcliff Family Centre Inc. Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Nightcliff Family Centre Inc. Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nightcliff Family Centre Incorporated. 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] United Voice, 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2015. The nominal expiry date of the Agreement is 1 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Nightcliff Family Centre Incorporated, sought approval of its 2014 Enterprise Agreement from the Fair Work Commission. The dispute arose from negotiations between the applicant and its employees, represented by the relevant union. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues centred on whether the agreement provided for the terms and conditions of employment of the employees in a fair and reasonable manner, and whether it complied with the relevant provisions of the Act.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Commission also found that the agreement complied with the relevant provisions of the Act, including the requirement for the agreement to be in writing and to be approved by a majority of the employees. The Commission noted that the agreement had been negotiated in good faith and that it provided for a fair and reasonable process for resolving any disputes that may arise under the agreement.

The Commission approved the 2014 Enterprise Agreement of the applicant, subject to certain conditions. The Commission noted that the agreement provided for a fair and reasonable process for resolving any disputes that may arise under the agreement, and that it complied with the relevant provisions of the Act. The applicant was required to provide certain information to the Commission within a specified timeframe, and to notify the Commission of any changes to the agreement. The Commission also noted that the agreement was subject to review and variation by the Commission in certain circumstances.

The Commission approved the 2014 Enterprise Agreement of the applicant, subject to certain conditions. The applicant was required to provide certain information to the Commission within a specified timeframe, and to notify the Commission of any changes to the agreement. The Commission also noted that the agreement was subject to review and variation by the Commission in certain circumstances. The applicant was required to comply with any directions given by the Commission in relation to the agreement, and to take all reasonable steps to ensure that the agreement was complied with by the employees.

Nightcliff Family Centre Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established