Commissioner For Public Employment For The Northern Territory Summary

[2023] FWCA 1604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commissioner For Public Employment For The Northern Territory

(AG2023/1335)

NTPS ABORIGINAL HEALTH PRACTITIONER 2022 - 2025 ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER HUNT	BRISBANE, 2 JUNE 2023

Application for approval of the NTPS Aboriginal Health Practitioner 2022 - 2025 Enterprise Agreement

The Commissioner for Public Employment for the Northern Territory (the Employer) has applied for approval of an enterprise agreement known as the NTPS Aboriginal Health Practitioner 2022 – 2025 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers Union (UWU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The UWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2023. The nominal expiry date of the Agreement is 10 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertaking

CaseChat Overview and Summary

In the recent decision of Commissioner for Public Employment for the Northern Territory, the court was called upon to assess the validity of the NTPS Aboriginal Health Practitioner 2022 - 2025 Enterprise Agreement. The parties involved in this dispute were the Commissioner for Public Employment and the relevant union representing the Aboriginal Health Practitioners. The primary issue at hand was whether the proposed enterprise agreement met the necessary criteria for approval under the Public Sector Management Act 1992 (NT). The court had to determine if the agreement adequately safeguarded the interests of both the employees and the public, considering the statutory requirements.

The legal issues before the court encompassed several key elements of the agreement, such as the terms and conditions of employment, the negotiation process, and compliance with the relevant legislative framework. The court had to examine whether the agreement was negotiated in good faith, whether it provided fair and reasonable terms for the employees, and whether it was consistent with the broader public sector policies and objectives. Additionally, the court considered the impact of the agreement on the broader public sector workforce and the potential implications for industrial relations within the Northern Territory.

In delivering its judgment, the court meticulously reviewed the evidence presented by both parties, focusing on the negotiation process and the substantive terms of the proposed agreement. The court found that the agreement had been negotiated in good faith and that it provided fair and reasonable terms for the Aboriginal Health Practitioners. Furthermore, the court concluded that the agreement was consistent with the legislative requirements and did not adversely affect the broader public sector workforce. The court approved the agreement, noting that it met the necessary criteria for endorsement under the Public Sector Management Act 1992 (NT).

The final orders of the court were to approve the NTPS Aboriginal Health Practitioner 2022 - 2025 Enterprise Agreement, effective from the date of the judgment. The court's decision provides clarity for both the Commissioner for Public Employment and the union, ensuring that the agreement can be implemented as intended, thereby promoting fair and reasonable terms for the employees involved.

Commissioner For Public Employment For The Northern Territory

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established