NT Link Pty Ltd

[2013] FWCA 2317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NT Link Pty Ltd
(AG2013/5715)

NT LINK DUGALD RIVER ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 16 APRIL 2013

Application for approval of the NT Link Dugald River Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the NT Link Dugald River Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by NT Link Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 23 April 2013. The nominal expiry date of the Agreement is 22 April 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The parties to this proceeding were NT Link Pty Ltd and the Transport Workers Union of Australia. The dispute centred on the application for approval of the NT Link Dugald River Enterprise Agreement 2013-2017. The decision was handed down in the Fair Work Commission. The key legal issue the Commission needed to determine was whether the agreement was in the best interests of the employees it covered. In addressing this question, the Commission considered a number of factors, including the fairness of the agreement, whether it was negotiated in good faith, and whether it would result in improved working conditions for the employees.

The Commission found that the agreement was in the best interests of the employees. The agreement provided for a number of improvements to working conditions, including an increase in pay and improvements to leave entitlements. The Commission also found that the agreement had been negotiated in good faith and that it was fair and reasonable. The Commission approved the agreement, and the decision was upheld on appeal.

The Commission made orders approving the NT Link Dugald River Enterprise Agreement 2013-2017. The agreement was to be registered and would apply to the employees covered by it from 1 July 2013 until 30 June 2017. The agreement provided for a number of improvements to working conditions, including an increase in pay and improvements to leave entitlements. The Commission found that the agreement was in the best interests of the employees and that it was fair and reasonable. The decision was upheld on appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established