DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ningana Enterprises Inc
(AG2015/2670)

NINGANA ENTERPRISES INC. (SUPPORTED EMPLOYEES) WORKPLACE AGREEMENT 2015

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 3 JUNE 2015

Application for approval of the Ningana Enterprises Inc. (Supported Employees) Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ningana Enterprises Inc. (Supported Employees) Workplace Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ningana Enterprises Inc(the Applicant). 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 relevant to this application for approval have been met.

[3] The Fair Work Commission received correspondence dated 28 May 2015, which included Undertakings made by and duly signed by Fiona Durham, Chief Executive Officer, proposed to the Fair Work Commission pursuant to s.190 of the Act (the Undertakings). The Undertakings are attached as Annexure A to this Decision.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ningana Enterprises Inc was before the Fair Work Commission in an application for the approval of the Ningana Enterprises Inc. (Supported Employees) Workplace Agreement 2015. The applicant was the employer, Ningana Enterprises Inc., and the respondents were two of its employees, who were represented by the Australian Manufacturing Workers' Union. The dispute centred on whether the workplace agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it complied with the good faith bargaining provisions, and whether it contained any terms that were contrary to the Fair Work Act. The respondents argued that the agreement was not genuinely an enterprise agreement, that it had not been negotiated in good faith, and that certain terms were contrary to the Act. The employer contended that the agreement was genuine, had been negotiated in good faith, and that all terms were compliant with the Act.

The Commission found that the agreement was a genuine enterprise agreement that had been negotiated in good faith and contained no terms that were contrary to the Fair Work Act. The Commission noted that the agreement had been developed through a process of consultation and negotiation between the employer and the respondents, and that the respondents had been given an opportunity to contribute to the development of the agreement. The Commission also found that the agreement contained no terms that were contrary to the Act and that it met all the requirements for approval. The application for approval of the workplace agreement was therefore granted.

The Commission made orders approving the Ningana Enterprises Inc. (Supported Employees) Workplace Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would be binding on the parties from that date. The respondents were also granted leave to appeal the decision to the Federal Court within 21 days of the date of the decision.

Ningana Enterprises Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established