DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transforming Skills NT Pty Limited
(AG2016/7777)

TRANSFORMING SKILLS NT ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 12 MAY 2017

Application for approval of the Transforming Skills NT Enterprise Agreement 2016.

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

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2017. The nominal expiry date of the Agreement is 11 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Transforming Skills NT Pty Limited applied to the Fair Work Commission for approval of the Transforming Skills NT Enterprise Agreement 2016. The application was made in the context of an enterprise agreement that had been previously declared by the Australian Industrial Relations Commission, and was being sought under section 233 of the Fair Work Act 2009. The application was opposed by the Australian Council of Trade Unions.

The legal issue for the Commission to decide was whether the proposed agreement met the "better off overall test" as required by section 173 of the Fair Work Act. This involved assessing if the employees would be better off overall with the new agreement compared to their previous conditions. The Commission had to consider the overall benefits and detriments to the employees, including wages, conditions, and any other relevant factors.

The Fair Work Commission determined that the proposed agreement met the better off overall test. The Commission concluded that the overall package of benefits provided by the agreement was superior to the employees' previous conditions. The Commission took into account the wage increases, improved conditions, and other benefits that were offered under the new agreement. The application was approved, and the Transforming Skills NT Enterprise Agreement 2016 was consequently registered. The Commission’s decision was based on a comprehensive analysis of the evidence and the statutory requirements.

Transforming Skills NT Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established