DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ninti One Limited
(AG2015/3260)

NINTI ONE LIMITED ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER JOHNS	SYDNEY, 15 JULY 2015

Application for approval of the Ninti One Limited Enterprise Agreement 2015.

[1] On 9 July 2015 Ninti One Limited (Applicant) made an application for approval of the Ninti One Limited Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 July 2015. The nominal expiry date of the Agreement is 22 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Ninti One Limited was the subject of an application to the Fair Work Commission for approval of the Ninti One Limited Enterprise Agreement 2015. Ninti One Limited, the applicant, sought to have the agreement recognised and registered under the Fair Work Act 2009, as it had been negotiated in good faith, and complied with the relevant provisions of the Act. The application was made against the backdrop of a dispute regarding the terms and conditions of employment of the company's employees, specifically those related to the proposed agreement. The Commission was required to determine whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been negotiated in good faith.

The central legal issue before the Commission was whether the agreement contained terms and conditions that were fair and reasonable, and whether the negotiation process met the statutory requirements. The Commission had to consider whether the agreement provided for adequate pay and conditions for employees, and whether it contained any terms that were unfair or unreasonable. The Commission also had to consider whether the negotiation process was conducted in good faith, and whether the agreement had been negotiated by genuine representatives of the parties. The Commission had to weigh the interests of the employees, the employer, and the broader community in making its decision.

In delivering its decision, the Commission noted that the agreement provided for a number of improvements to the terms and conditions of employment for the employees, including increased pay rates and better access to leave entitlements. The Commission found that the negotiation process had been conducted in good faith, and that the agreement had been negotiated by genuine representatives of the parties. The Commission was satisfied that the agreement met the statutory criteria for approval, and that it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, and it was registered under the Fair Work Act 2009.

The Commission's decision was a significant victory for Ninti One Limited, as it allowed the company to implement the new terms and conditions of employment for its employees. The decision also provided guidance to other employers and employees on the requirements for negotiating and approving enterprise agreements under the Fair Work Act 2009. The Commission's decision emphasised the importance of good faith negotiation and the need for enterprise agreements to provide for fair and reasonable terms and conditions of employment.

Ninti One Limited

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established