DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (NT) Pty Ltd
(AG2016/658)

NILSEN (NT) PTY LTD - CONTRACTING DIVISION ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 27 APRIL 2016

Application for approval of the Nilsen (NT) Pty Ltd - Contracting Division Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Nilsen (NT) Pty Ltd - Contracting Division Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nilsen (NT) Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2016. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Nilsen (NT) Pty Ltd applied to the Fair Work Commission for approval of the Contracting Division Enterprise Agreement 2016. The respondent, the Australian Services Union (ASU), objected to the agreement on the grounds that it did not meet the requirements of section 230 of the Fair Work Act 2009. The applicant argued that the agreement was in the best interests of the employees and complied with all relevant provisions. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for fair and reasonable terms and conditions of employment.

The Commission considered the provisions of the agreement and the arguments of both parties. The Commission noted that the agreement provided for a range of terms and conditions, including pay rates, hours of work, and leave entitlements. The Commission also considered the evidence presented by the parties regarding the bargaining process and the interests of the employees. The Commission concluded that the agreement was in the best interests of the employees and met the requirements of section 230 of the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and approved the agreement.

The Fair Work Commission approved the Contracting Division Enterprise Agreement 2016. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The Commission rejected the objections raised by the respondent and approved the agreement. The applicant was entitled to proceed with implementing the agreement in accordance with the terms of the approval.

Nilsen (NT) 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