Ninti One Limited
[2025] FWCA 63
•8 JANUARY 2025
| [2025] FWCA 63 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Ninti One Limited
(AG2024/4760)
NINTI ONE LIMITED ENTERPRISE AGREEMENT 2024
| Building services | |
| COMMISSIONER PERICA | MELBOURNE, 8 JANUARY 2025 |
Ninti One Limited Enterprise Agreement 2024
An application has been made by Ninti One Limited (Ninti) for approval of an enterprise agreement (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Agreement at clause 1.1 in its entirety states “This Agreement made under section 172 of the Fair Work Act 2009 shall be known as the Ninti One Limited Enterprise Agreement 2019”, however, its first page displays the name “Ninti One Limited Enterprise Agreement 2024”. Ninti has made an application under s 218A(2)(b)(ii) for the Commission to exercise its power under s 218A(1) to “vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form)” to amend the title to “Ninti One Limited Enterprise Agreement 2024”.
I am satisfied the current title containing “2019” is an obvious error and accordingly amend clause 1.1 of the Agreement to read: “This Agreement made under section 172 of the Fair Work Act 2009 shall be known as the Ninti One Limited Enterprise Agreement 2024”. The variation pursuant to s 218A will operate from 8 January 2025.
Ninti has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.
Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met.
The Agreement is approved today 8 January 2025. It will operate from 15 January 2025 as required by section 54 of the Act. The nominal expiry date is 8 January 2029.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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Annexure A
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