DECISION

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

Nitmiluk Tours Pty Ltd
(AG2014/8403)

THE NITMILUK TOURS ENTERPRISE AGREEMENT 2014-2018

Northern Territory
VICE PRESIDENT CATANZARITI	SYDNEY, 15 JANUARY 2015

Application for approval of the Nitmiluk Tours Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Nitmiluk Tours Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nitmiluk Tours Pty Ltd. 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, as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2015. The nominal expiry date of the Agreement is 31 December 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nitmiluk Tours Pty Ltd, trading as Nitmiluk Tours, applied for approval of the Nitmiluk Tours Enterprise Agreement 2014-2018 under the Fair Work Act 2009. The application was heard by the Fair Work Commission. The dispute centred on the terms and conditions of employment of the workers involved, specifically regarding the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act.

The legal issues before the Commission included whether the agreement contained minimum terms and conditions that were not less favourable than the relevant awards or safety net award, and whether the agreement had been genuinely agreed upon by the parties. The Commission had to consider submissions from both Nitmiluk Tours and the union representing the employees, the Australian Services Union. It was also necessary to assess the process by which the agreement was negotiated and whether it complied with the relevant provisions of the Fair Work Act.

The Commission found that the proposed agreement contained terms and conditions that were not less favourable than the applicable awards. The evidence demonstrated that the agreement had been negotiated in good faith and that all parties had genuinely agreed to the terms. The process of negotiation was deemed to be compliant with the statutory requirements. Consequently, the Commission approved the Nitmiluk Tours Enterprise Agreement 2014-2018, finding it met all necessary legal criteria for approval.

Nitmiluk Tours Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established