Commissioner For Public Employment For The Northern Territory
[2024] FWCA 3775
•31 OCTOBER 2024
| [2024] FWCA 3775 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Commissioner For Public Employment For The Northern Territory
(AG2024/3775)
NORTHERN TERRITORY PUBLIC SECTOR EDUCATORS’ 2024 - 2027 ENTERPRISE AGREEMENT
| Northern Territory | |
| COMMISSIONER PLATT | ADELAIDE, 31 OCTOBER 2024 |
Application for approval of the Northern Territory Public Sector Educators' 2024 - 2027 Enterprise Agreement
An application has been made for approval of an enterprise agreement known as the Northern Territory Public Sector Educators' 2024 - 2027 Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Commissioner For Public Employment For The Northern Territory (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 23 October 2024.
The Applicant provided an undertaking in the required form dated 26 September 2024. The undertaking amends Clause 44.1(d) and Clause 44.1(e) as follows:
44.1(d)Teacher in-charge of a preschool with two or more teachers is a teacher performing duties as a senior teacher, which can include a semi-autonomous preschool where two or more teachers are employed, provided that none of the teachers are classified as a senior teacher; and
44.1(e) Teacher in charge in a preschool with one teacher is a teacher performing duties as a teacher in charge in a preschool where one teacher is employed, provided that person is not classified as a senior teacher.
A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.
The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.
The Australian Education Union – Northern Territory Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2027.
COMMISSIONER
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