Commissioner for Public Employment Summary

[2023] FWCA 2406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commissioner for Public Employment

(AG2023/2310)

NORTHERN TERRITORY PUBLIC SECTOR NURSES AND MIDWIVES’ 2022 – 2026 ENTERPRISE AGREEMENT

State and Territory government administration
COMMISSIONER SPENCER	BRISBANE, 2 AUGUST 2023

Application for approval of the Northern Territory Public Sector Nurses and Midwives’ 2022 – 2026 Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the Northern Territory Public Sector Nurses and Midwives’ 2022 – 2026 Enterprise Agreement (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Commissioner for Public Employment (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to section 190(3), I have accepted an undertaking from the employer. In accordance with sections 191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Australian Nursing and Midwifery Federation NT Branch (ANMFNT) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) I note that the Agreement covers the ANMFNT.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 August 2023. The nominal expiry date of the Agreement is 9 August 2026.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the applicant sought approval for the Northern Territory Public Sector Nurses and Midwives’ 2022 – 2026 Enterprise Agreement. The application was made to the Fair Work Commission, which is the body responsible for approving enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including whether it provided for the appropriate bargaining and resolution of workplace issues, and whether it complied with the provisions of the Act.

The legal issues before the Commission involved the interpretation of the relevant provisions of the Fair Work Act, particularly sections 172 and 174. Section 172 of the Act sets out the requirements for an enterprise agreement, including the need for it to be in writing and to cover a specified period. Section 174 requires that an agreement be approved if it complies with the Act and the Commission is satisfied that it provides for the appropriate bargaining and resolution of workplace issues. The Commission was required to determine whether the agreement met these criteria, and whether any provisions of the agreement were inconsistent with the Act or otherwise invalid.

The Commission considered the provisions of the agreement and the submissions made by the parties. It found that the agreement was in writing and covered a specified period, and that it provided for the appropriate bargaining and resolution of workplace issues. The Commission also found that the agreement did not contain any provisions that were inconsistent with the Act or otherwise invalid. As a result, the Commission approved the agreement, and the applicant's application was successful.

The final orders of the Commission were that the Northern Territory Public Sector Nurses and Midwives’ 2022 – 2026 Enterprise Agreement be approved as a registered agreement under the Fair Work Act. The agreement was registered on the date of the Commission's decision, and became effective from the beginning of the specified period. The parties were required to take all necessary steps to give effect to the agreement, including by providing copies of the agreement to relevant employees and by ensuring compliance with its provisions.

Commissioner for Public Employment

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established