Commissioner For Public Employment For The Northern Territory

[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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CaseChat Overview and Summary

The Commissioner for Public Employment for the Northern Territory filed an application in the Fair Work Commission to approve the Northern Territory Public Sector Educators' 2024-2027 Enterprise Agreement. The dispute arose as the Commissioner sought approval for the agreement, which was negotiated between the employers and the union representing the educators. The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it met the provisions for public sector employees, and if it was fairly and reasonably negotiated. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it aligned with the objectives of the Fair Work Act.

The Commission evaluated the agreement against the statutory requirements, focusing on whether it was fairly and reasonably negotiated and met the public interest. The Commission considered the parties' submissions, the terms of the agreement, and relevant legislative provisions. It was determined that the agreement complied with the necessary statutory requirements, was fairly and reasonably negotiated, and aligned with the objectives of the Fair Work Act. The agreement provided for fair and reasonable terms and conditions for the employees and was in the public interest.

Accordingly, the Commission approved the Northern Territory Public Sector Educators' 2024-2027 Enterprise Agreement, as it met the statutory requirements and was fairly and reasonably negotiated. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and was in the public interest. The approval of the agreement ensures that the educators will have a clear and fair set of terms and conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established