Northern Territory Freight Services Pty Ltd

[2014] FWCA 7293

FAIR WORK COMMISSION

DECISION

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

Northern Territory Freight Services Pty Ltd
(AG2014/7779)

NTFS NORTHERN TERRITORY ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 16 OCTOBER 2014

Application for approval of the NTFS Northern Territory Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the NTFS Northern Territory Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Northern Territory Freight Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 8 October 2014.

[3] Northern Territory Freight Services Pty Ltd has provided a signed written undertaking, in relation to clause 5 - Consultation and clause 12.9 in relation to the travelling allowance entitlement. I am satisfied the undertaking meets my concerns.

[4] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 23 October 2014. The nominal expiry date is one (1) year from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Northern Territory Freight Services Pty Ltd (NTFS), sought approval of the NTFS Northern Territory Enterprise Agreement 2014. The applicant argued that the agreement provided for reasonable terms and conditions for its employees and was made in accordance with the applicable legislative framework. The application was heard in the Fair Work Commission (FWC) by Deputy President J. C. Smith. The central legal issue before the FWC was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009 (Cth). Specifically, the FWC had to determine if the agreement provided for reasonable terms and conditions of employment and if it was made in accordance with the relevant legislative provisions.

The FWC considered the provisions of the Fair Work Act and relevant case law to assess whether the agreement met the statutory requirements. The applicant argued that the agreement was made in good faith and provided for reasonable terms and conditions. The FWC found that the agreement contained provisions that went beyond the minimum entitlements set out in the relevant awards and provided for reasonable terms and conditions. The FWC also determined that the agreement was made in accordance with the applicable legislative provisions. The FWC approved the application, finding that the agreement met the statutory requirements for approval under the Fair Work Act.

The FWC made orders approving the NTFS Northern Territory Enterprise Agreement 2014, with the approval taking effect from the date of the decision. The applicant was authorised to give notice of the approved agreement to its employees, and the agreement was to be taken to be a registered agreement under the Fair Work Act. The decision provides clarity on the requirements for approving enterprise agreements and the scope of the FWC's powers in this regard.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established