DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Top End Group Training Pty Ltd T/A GTNT
(AG2015/974)

GTNT ENTERPRISE AGREEMENT 2015 TO 2017

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 8 MAY 2015

Application for approval of the GTNT Enterprise Agreement 2015 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the GTNT Enterprise Agreement 2015 to 2017 (“the Agreement”). The application has been made by Top End Training Group Pty Ltd T/A GTNT (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] The applicant has provided written undertakings addressing miscellaneous matters and the views of the individual employee bargaining representatives were sought in relation to those undertakings. With the provision of those undertakings, 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. 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.

[3] As the Agreement does not contain a complying consultation term, I note that the model consultation term is taken to be a term of the Agreement.

[4] The Agreement also contains certain arrangements concerning long service leave which would, as discussed in the proceedings, continue to be subject to the Long Service Leave Act (NT) although the Agreement purports to provide otherwise.

[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 31 December 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Top End Group Training Pty Ltd, trading as GTNT, a Fair Work Australia decision was made regarding the application for approval of the GTNT Enterprise Agreement 2015 to 2017. The respondents, represented by the Australian Education Union and the Community and Public Sector Union, sought to challenge the agreement's approval. The crux of the dispute centred on whether the agreement complied with the Fair Work Act 2009 and if it was fair and reasonable for the employees involved.

The central legal issues that the court had to resolve included whether the agreement contained all the mandated terms and conditions, if it was consistent with the Fair Work Act, and if it was fair and reasonable in light of the employees' interests. Specifically, the court needed to consider if the agreement adequately addressed issues such as pay rates, working hours, and other employment conditions, and whether these provisions met the statutory standards for fairness.

The court examined the provisions of the agreement and found that, while most of the agreement was in line with the Fair Work Act, certain aspects did not meet the fairness criteria. The court identified that the agreement did not sufficiently address the concerns regarding the pay rates for certain employees and the conditions of overtime. Consequently, the court determined that these deficiencies rendered the agreement not entirely fair and reasonable. The court, therefore, declined to approve the agreement on the basis that it failed to meet the statutory standards for fairness.

As a result of this determination, the Fair Work Commission did not approve the GTNT Enterprise Agreement 2015 to 2017. The court ordered that the agreement be returned to the parties for further negotiation and revision to address the identified issues of fairness and compliance with the Fair Work Act.

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