DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Transportables Pty Ltd
(AG2016/1242)

NORTHERN TRANSPORTABLES ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 1 JULY 2016

Application for approval of the Northern Transportables Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Northern Transportables 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 Transportables Pty Ltd.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Northern Transportables Pty Ltd, the applicant applied for the approval of the Northern Transportables Enterprise Agreement 2016. The application was brought before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements set out in the Act, and whether the agreement met the "better off overall test" to ensure that employees were not disadvantaged by the terms of the agreement compared to their previous conditions. This test requires the Commission to assess whether employees are better off overall, taking into account all terms and conditions, both monetary and non-monetary.

The Commission found that the agreement was procedurally sound, having been negotiated in good faith and with appropriate representation. It also determined that the agreement was fair and met the better off overall test, as the evidence showed that the overall package of benefits provided to employees under the new agreement was favourable compared to their previous conditions. The Commission was satisfied that the agreement would not place employees at a disadvantage and would, in fact, provide them with improved terms and conditions.

As a result, the Commission approved the Northern Transportables Enterprise Agreement 2016, thereby enabling the agreement to be registered and enforceable under the Fair Work Act. This decision allows the terms and conditions outlined in the agreement to come into effect, governing the employment relationship between the applicant and its employees.

Northern Transportables Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established