DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SKYCITY Darwin Pty Ltd
(AG2015/4671)

SKYCITY DARWIN PTY LTD ENTERPRISE AGREEMENT 2015-2018

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 3 SEPTEMBER 2015

Application for approval of the SKYCITY Darwin Pty Ltd Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the SKYCITY Darwin Pty Ltd Enterprise Agreement 2015-2018 (“the Agreement”). The application has been made by SKYCITY Darwin Pty Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] The application was not made within time, but I consider that in all the circumstances it is fair to extend time for lodgement.

[3] 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. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[4] United Voice Northern Territory Branch concurs with the undertakings and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date is 1 February 2018.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SKYCITY Darwin Pty Ltd sought approval of an enterprise agreement for the period 2015-2018 from the Fair Work Commission. The enterprise agreement, which was intended to regulate the employment conditions of certain employees, was subject to scrutiny for its compliance with the Fair Work Act 2009. The primary issue before the court was whether the proposed agreement met the necessary standards under the Act, including the 'better off overall test' and other relevant provisions.

The court considered various aspects of the agreement, including wage increases, working conditions, and procedural fairness. The key legal issue was whether the agreement provided employees with a sufficient benefit to be considered 'better off overall' than their previous conditions. The court also assessed whether the agreement contained appropriate dispute resolution mechanisms and whether it adhered to the procedural requirements of the Fair Work Act.

In its decision, the court found that the proposed agreement did indeed meet the 'better off overall test' and satisfied the other statutory requirements. The agreement was deemed to offer a fair balance of benefits and obligations, providing employees with enhanced conditions while also accommodating the employer's operational needs. The court approved the enterprise agreement, noting that it was fair and appropriate for the circumstances. The final orders confirmed the approval of the agreement, subject to the parties' compliance with the terms and conditions set forth.

SKYCITY Darwin 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