Northern Territory Working Women's Centre Incorporated T/A Nt Working Women's Centre

[2024] FWCA 1886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Northern Territory Working Women’s Centre Incorporated T/A Nt Working Women’s Centre

(AG2024/1522)

THE NT WORKING WOMEN’S CENTRE INC. ENTERPRISE AGREEMENT 2023-2027

Social, community, home care and disability services
COMMISSIONER DURHAM	BRISBANE, 23 MAY 2024

Application for approval of the The NT Working Women’s Centre Inc. Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as The NT Working Women’s Centre Inc. Enterprise Agreement 2023-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Territory Working Women’s Centre Incorporated T/A Nt Working Women’s Centre (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Services Union South Australia and Northern Territory Branch (ASU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ASU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Northern Territory Working Women’s Centre Incorporated, trading as the NT Working Women’s Centre, applied to the Fair Work Commission for approval of its Enterprise Agreement 2023-2027. The dispute centred on whether the proposed agreement met the legal standards required for approval under the Fair Work Act 2009. The Commission, led by Deputy President L D’Silva, was tasked with reviewing the agreement to determine its compliance with the Act.

The primary legal issues before the Commission were whether the agreement satisfied the mandatory requirements for approval under section 235 of the Act, including provisions for minimum wages, penalties for unauthorised industrial action, and compliance with the Better Off Overall Test (BOOT). The Commission needed to assess if the proposed agreement provided employees with conditions at least as good as those in the applicable award or safety net award, ensuring that employees were not worse off overall.

The Commission found that the proposed agreement met the necessary requirements for approval. It provided employees with wages and conditions that were at least as good as those in the applicable award or safety net award. Additionally, the agreement contained provisions for minimum wages and penalties for unauthorised industrial action, thereby complying with the statutory obligations under the Fair Work Act. The Commission concluded that the agreement was fair and balanced, meeting the Better Off Overall Test and thus, was in the best interests of the employees.

The Fair Work Commission approved the Enterprise Agreement 2023-2027, setting out clear terms and conditions for the employees of the Northern Territory Working Women’s Centre. The approval ensures that the agreement remains in effect until the end of the specified period, providing a stable framework for employment relations within the organisation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established