DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NTNT Pty Ltd
(AG2016/6159)

NTNT PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2016

Application for approval of the NTNT Pty Ltd Enterprise Agreement 2016.

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

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2016. The nominal expiry date of the Agreement is 30 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NTNT Pty Ltd applied to the Fair Work Commission for the approval of the NTNT Pty Ltd Enterprise Agreement 2016. The application was opposed by the Australian Council of Trade Unions and the Public Sector Union. The Fair Work Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for the application.

The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it complied with the procedural requirements for the application. The Commission noted that the agreement had been negotiated in good faith and that it contained provisions that were consistent with the principles of enterprise bargaining. The Commission also found that the agreement met the requirements for approval under the Fair Work Act, and that it should be approved.

The Fair Work Commission approved the NTNT Pty Ltd Enterprise Agreement 2016, subject to certain conditions. The conditions included a requirement that the agreement be registered with the Registrar of the Fair Work Commission, and that it be provided to all employees covered by the agreement. The Commission also imposed a requirement that the agreement be reviewed and renewed every five years, to ensure that it continued to meet the requirements for approval under the Fair Work Act. The Commission found that the agreement was in the best interests of the employees and the employer, and that it should be approved.

NTNT 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