DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Territory Working Women’s Centre Incorporated T/A NT Working Women’s Centre
(AG2015/5988)

THE NT WORKING WOMEN’S CENTRE INC. ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 4 NOVEMBER 2015

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 has been made by the Northern Territory Working Women’s Centre Incorporated T/A NT Working Women’s Centre pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 1 March 2019.

COMMISSIONER

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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 their enterprise agreement. The application was contested by the Northern Territory Government. The central dispute was over the terms and conditions of employment for the workers represented by the NT Working Women’s Centre, particularly focusing on the application and interpretation of the Fair Work Act 2009.

The legal issues before the Commission were primarily concerned with whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act. This included an examination of whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the good faith bargaining requirements, and if the agreement adequately addressed the needs and interests of the employees it covered. The Commission also had to consider whether the agreement was made in good faith and whether it was procedurally sound.

The Commission found that the enterprise agreement proposed by the NT Working Women’s Centre was fair and reasonable. It concluded that the agreement had been made in good faith and met all the statutory requirements. The Commission noted that the agreement appropriately balanced the interests of the employees and the employer, and it was deemed to be procedurally sound. Consequently, the application for approval of the enterprise agreement was approved.

The Fair Work Commission approved the enterprise agreement, subject to any necessary minor corrections as outlined in the decision. This approval ensures that the terms and conditions of employment for the workers at the NT Working Women’s Centre are legally binding and enforceable.

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