DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Territory Working Women’s Centre Incorporated T/A NT Working Women’s Centre
(AG2019/1553)

THE NT WORKING WOMEN’S CENTRE INC. ENTERPRISE AGREEMENT

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JUNE 2019

Application for approval of The NT Working Women’s Centre Inc. Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the NT Working Women’s Centre Inc. Enterprise Agreement (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 Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Services Union (ASU) being a bargaining representative for the Agreement, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2019. The nominal expiry date of the Agreement is 1 March 2023.

DEPUTY PRESIDENT

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 the approval of its Enterprise Agreement. The application involved the classification and conditions of employment for its staff, including the determination of the appropriate award or classification to which the employees were subject. The Fair Work Commission was tasked with determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The dispute centred around whether the agreement appropriately covered the terms and conditions of employment and whether it adhered to the statutory requirements for enterprise agreements under Australian labour law.

The legal issues before the Commission included whether the proposed Enterprise Agreement was made in good faith and whether it complied with the statutory requirements set out in the Fair Work Act. This involved an assessment of the agreement's compliance with the "better off overall test" and whether it provided for appropriate minimum terms and conditions. The Commission also had to consider whether the agreement met the standards of procedural fairness and whether it was genuinely negotiated between the parties. Furthermore, the Commission examined whether the agreement appropriately balanced the interests of both the employer and the employees, ensuring it was not detrimental to the employees.

In rendering its decision, the Fair Work Commission found that the proposed Enterprise Agreement met the necessary statutory requirements and was made in good faith. The Commission determined that the agreement was procedurally fair and genuinely negotiated, as evidenced by the submissions and evidence provided by the parties. It was concluded that the agreement provided for appropriate minimum terms and conditions and that the employees would be better off overall under the terms of the agreement. The Commission approved the Enterprise Agreement, recognising its compliance with the Fair Work Act and its alignment with the principles of procedural fairness and genuine negotiation. The Commission's decision was based on a thorough examination of the evidence and submissions presented, leading to the conclusion that the proposed agreement was fair and appropriate for the employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established