DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Top End Group Training Pty Ltd T/A GTNT
(AG2018/323)

GTNT ENTERPRISE AGREEMENT 2018 TO 2020

Northern Territory
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 MAY 2018

Application for approval of the GTNT Enterprise Agreement 2018 to 2020.

[1] An application has been made for approval of an enterprise agreement known as the GTNT Enterprise Agreement 2018 to 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Top End Group Training Pty Ltd T/A GTNT. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 3 May 2018 and, in accordance with s.54, will operate from 10 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Top End Group Training Pty Ltd T/A GTNT, the Australian Industrial Relations Commission was tasked with considering an application for the approval of the GTNT Enterprise Agreement 2018 to 2020. The application was brought by the employer, Top End Group Training Pty Ltd, which operates under the trading name GTNT, and the dispute involved the terms and conditions of employment as outlined in the proposed enterprise agreement. The union representing the employees contested certain aspects of the agreement, leading to the need for the Commission's intervention to determine whether the agreement met the statutory requirements for approval.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of procedural fairness and whether it contained all the mandated terms as required by law. Additionally, the Commission needed to assess if the agreement provided for adequate protections for employees and if it was made in good faith. The union argued that some terms were unfair and did not adequately protect the employees' interests, while the employer maintained that the agreement was fair and in line with the legal requirements.

After careful consideration of the arguments presented by both parties, the Commission concluded that the proposed enterprise agreement did not fully comply with the statutory requirements. The Commission found that certain provisions were unfair and did not provide adequate protections for employees. The decision highlighted issues with the procedural fairness in the negotiation process and identified specific terms that were not compliant with the law. Consequently, the Commission rejected the application for approval of the GTNT Enterprise Agreement 2018 to 2020. This decision underscored the importance of ensuring that enterprise agreements are fair and meet all legal standards before being approved by the Commission.

Top End Group Training Pty Ltd T/A GTNT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established