Northern Interests Pty Ltd Summary

[2014] FWCA 4793

FAIR WORK COMMISSION

DECISION

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

Northern Interests Pty Ltd
(AG2014/6690)

NORTHERN INTERESTS PTY LTD ENTERPRISE AGREEMENT 2013

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 18 JULY 2014

Application for approval of the Northern Interests Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Northern Interests Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Interests Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“With respect to the Agreement, Northern Interests Pty Ltd undertakes that casual employees with not be paid in accordance with Schedule 2 of the Agreement but will be paid in accordance with the Schedule attached to this letter.”

[3] Attached to this undertaking is the following schedule:

Level	Base Hourly Rate	Saturday, Sunday and Public Holiday Rate	Overtime Rate
Level 1	$22.22	$28.99	$12.38
Level 2	$22.87	$29.83	$12.73
Level 3	$22.90	$31.85	$12.80
Level 4	$24.44	$31.77	$13.86

[4] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2014. The nominal expiry date of the Agreement is 17 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Northern Interests Pty Ltd, an employer, applied for approval of the Northern Interests Pty Ltd Enterprise Agreement 2013. The application was made to the Fair Work Commission under the Fair Work Act 2009. The applicant sought to have the agreement registered as a registered agreement, which would allow it to be enforced against employees who are covered by the agreement.

The legal issues before the Commission involved whether the agreement met the requirements of the Fair Work Act for it to be registered. Specifically, the Commission had to determine if the agreement had been made in accordance with the procedural requirements of the Act, if it contained the minimum entitlements prescribed by the Act, and if it was a genuine agreement.

The Commission found that the agreement had been made in accordance with the procedural requirements of the Act, as the applicant had provided evidence of the process followed to negotiate the agreement. The Commission also found that the agreement contained the minimum entitlements prescribed by the Act, including the national minimum wage, penalty rates, and leave entitlements. Finally, the Commission found that the agreement was a genuine agreement, as it had been made freely and without any duress or coercion.

Based on these findings, the Commission approved the application and registered the agreement as a registered agreement. This means that the agreement can now be enforced against employees who are covered by it, and it will apply to those employees until it is replaced by a new agreement or until it is terminated in accordance with the Act.

Northern Interests Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established