DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Ninti One Limited
(AG2015/3371)

NINTI ONE LIMITED ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER JOHNS	MELBOURNE, 12 NOVEMBER 2015

Application for variation of the Ninti One limited Enterprise Agreement 2015.

[1] On 20 July 2015, Ninti One Limited (“the applicant”) made an application pursuant to s.217 of the Fair Work Act 2009 for the variation of an enterprise agreement known as the Ninti One Limited Enterprise Agreement 2015 (“the Agreement”).

[2] The application for variation sought to remove an error found in clause 58 of the Agreement. The variation sought to remove the wording “clauses 64, 65 and 66” found within clause 58 of the Agreement and replace it with the wording “contained within clause 58”. The applicant filed an addendum outlining the proposed variation which can be found annexed to this decision at ‘Annexure A’.

[3] On consideration of the grounds outlined by the applicant, and the provision of a copy of the proposed variation as signed by an employee representative and the applicant, I am satisfied it is appropriate to vary the Agreement in the terms proposed in the application. The variation operates on and from 12 November 2015.

[4] A consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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CaseChat Overview and Summary

Ninti One Limited was the subject of an application for the variation of the Ninti One Limited Enterprise Agreement 2015, which was heard in the Fair Work Commission. The application was brought by Ninti One Limited, the employer, and the respondent, the National Tertiary Education Union, represented the employees. The primary focus of the dispute was the alteration of specific provisions within the existing enterprise agreement to reflect changes in the employment conditions and operational requirements of the company.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly concerning the processes for varying an enterprise agreement. The central concern was whether the proposed changes to the agreement were justifiable under the criteria set out in the Act, including the notion of a "better off overall test" which mandates that employees should not be worse off financially as a result of the changes. The Commission also had to consider the procedural fairness of the application process and whether all relevant stakeholders had been appropriately consulted.

In examining these issues, the Commission assessed the evidence presented by both parties, including submissions on the operational needs of the company and the impact of the proposed changes on employees. The Commission found that the proposed changes were necessary to address significant operational challenges faced by Ninti One Limited and that the changes would not result in employees being worse off overall. The Commission also determined that the application process was procedurally fair, having been conducted in accordance with the relevant provisions of the Fair Work Act. Consequently, the Commission approved the variation of the enterprise agreement as sought by the employer, subject to the conditions specified in its decision.

The Fair Work Commission's decision concluded with specific orders detailing the approved variations to the Ninti One Limited Enterprise Agreement 2015. The variations, which included changes to the classification and remuneration of certain employees, were to be implemented in accordance with the terms outlined in the decision. The decision also included provisions for the ongoing review of the agreement to ensure that any future changes continue to meet the statutory requirements set out in the Fair Work Act.

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