DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Power Services Pty Ltd t/a Northern Power
(AG2015/7177)

NORTHERN POWER SERVICES ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER ROE	MELBOURNE, 5 FEBRUARY 2016

Application for approval of the Northern Power Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Northern Power Services Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Power Services Pty Ltd t/a Northern Power. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 5 February 2016 and, in accordance with s.54, will operate from 12 February 2016. The nominal expiry date of the Agreement is 5 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Northern Power Services Pty Ltd, trading as Northern Power, applied to the Fair Work Commission for the approval of the Northern Power Services Enterprise Agreement 2016. The application arose in the context of the company's operations involving electricity distribution services within the Northern Territory. The agreement sought to regulate various aspects of employment, including wages, conditions of work, and other related matters. The primary dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees.

The court was required to examine whether the agreement met the statutory requirements for approval, including whether it provided for the fair and reasonable terms and conditions of employment. This involved assessing whether the agreement contained minimum entitlements, the process by which it was negotiated, and whether it was free from prohibited content. Additionally, the court needed to consider whether the agreement adequately protected the interests of the employees and if it provided for a fair and efficient workplace.

The Fair Work Commission determined that the proposed agreement was compliant with the Fair Work Act 2009. The Commission found that the agreement included all necessary minimum entitlements, had been negotiated in good faith, and did not contain any prohibited content. Furthermore, the Commission concluded that the agreement was in the best interests of the employees, as it provided fair and reasonable terms and conditions of employment. The Commission approved the agreement, emphasising the importance of ensuring that the rights and interests of employees were adequately protected under the terms of the agreement.

No further orders were made beyond the approval of the agreement. The decision underscored the Commission's commitment to ensuring that enterprise agreements serve to promote fair and efficient workplace practices while safeguarding the interests of employees.

Northern Power Services Pty Ltd t/a Northern Power

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established