DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Ninti One Limited
(AG2020/2216)

NINTI ONE LIMITED ENTERPRISE AGREEMENT 2019

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 AUGUST 2020

Application for variation of the Ninti One Limited Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Ninti One Limited Enterprise Agreement 2019 (the Agreement). The application was made by Ninti One Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 17 April 2020. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 18 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ninti One Limited was the subject of an application for variation of the Ninti One Limited Enterprise Agreement 2019. The application was brought by the employer, seeking changes to the existing agreement. The Fair Work Commission was the tribunal tasked with hearing and determining the application. The primary focus of the dispute was on the proposed amendments to the agreement, particularly concerning changes to employee entitlements and conditions of employment.

The court had to determine whether the proposed changes to the enterprise agreement were justifiable under the relevant industrial relations legislation. Key issues included whether the changes met the criteria for being considered a "genuine" variation, and whether they were necessary to address significant economic, technological, or structural changes affecting the enterprise. Additionally, the court considered the impact of the proposed changes on the employees' rights and protections, and whether any adverse effects could be mitigated.

In reaching its decision, the Fair Work Commission examined the evidence and submissions provided by both parties. It assessed the employer's justification for the changes, taking into account the broader economic context and the necessity for the proposed amendments. The tribunal concluded that the changes were genuine and necessary to respond to significant changes in the enterprise's operations. The court found that the proposed changes did not undermine the employees' rights and protections to an unacceptable degree, and thus, the application for variation was approved. The final orders included the specific changes to the enterprise agreement as proposed by the employer, subject to the conditions set out in the decision.

Ninti One Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established