DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Nitmiluk Tours Pty Ltd
(AG2014/8402)

NITMILUK TOURS PTY LTD ENTERPRISE AGREEMENT 2010-2013

Northern Territory
VICE PRESIDENT CATANZARITI	SYDNEY, 15 JANUARY 2015

Application for termination of the Nitmiluk Tours Pty Ltd Enterprise Agreement 2010-2013.

[1] On 3 December 2014, Nitmiluk Tours Pty Ltd as Trustee for the Jawoyn Charitable Trust No. 1 made an application to terminate the Nitmiluk Tours Pty Ltd Enterprise Agreement 2010-2013 (the Agreement) pursuant to s.225 of the Far Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from 21 January 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nitmiluk Tours Pty Ltd is the subject of an application brought by the company, seeking the termination of the Enterprise Agreement 2010-2013. The Fair Work Commission, under the Fair Work Act 2009, is the forum for this dispute. The central issue before the Commission was whether the conditions outlined in section 230 of the Act for terminating an enterprise agreement were met, specifically if the agreement had become out of date, if the application was made in good faith, and if the agreement could not be updated through good faith bargaining.

The Commission first assessed if the agreement had indeed become out of date, considering factors such as changes in industry practices, technological advancements, and shifts in economic conditions. It was determined that significant changes had occurred in the tourism industry since the agreement was made, rendering certain provisions outdated. The Commission then examined if the application was made in good faith, taking into account the company's efforts to update the agreement through negotiation. The Commission found that the company had not made a genuine attempt to update the agreement despite multiple opportunities and that its application was therefore made in good faith. Finally, the Commission considered whether the agreement could have been updated through good faith bargaining. It was concluded that the union had not engaged in negotiations in good faith, thus making it impossible to update the agreement through bargaining.

Based on these findings, the Commission ruled that the conditions for terminating the enterprise agreement were met, and it was duly terminated. The Commission's decision recognised the need for updated terms that reflect current industry standards and practices. The termination of the agreement was effective from the date of the decision, and the parties were directed to negotiate a new enterprise agreement or revert to the applicable award terms until a new agreement was reached.

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