Commissioner for Public Employment for the Northern Territory Summary

[2013] FWCA 5540

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Commissioner for Public Employment for the Northern Territory
(AG2013/2106)

2010 - 2013 POWER AND WATER CORPORATION ENTERPRISE AGREEMENT - WORKING TOGETHER TO MEET THE CHALLENGE

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 12 AUGUST 2013

2010 - 2013 Power and Water Enterprise Agreement - Working Together to Meet the Challenge (Agreement ID Code AE885694).

[1] An application has been made for approval of a variation of the 2010 - 2013 Power and Water Corporation Enterprise Agreement - Working Together to Meet the Challenge (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by the Northern Territory Commissioner for Public Employment. A list of proposed changes provided by the parties is attached to this Decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date on which the variation was approved by the employees, being 15 July 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

1. That clause 1 - Title be varied to reflect the new name of the agreement - 2010 - 2015 Power and Water Corporation Enterprise Agreement - Working Together to Meet the Challenge.

2. That clause 12 - Period of Operation be varied extending the nominal expiry date of the agreement to 17 May 2015.

3. That clause 39 - Adjustment in Salaried and Allowances be varied to reflect salary increases payable from the first pay period commencing on or after 9 August 2013 and from the first pay period commencing on or after 9 August 2014.

4. That Attachment 1 - Salary Structures and Attachment 2 - Allowances be varied to reflect the salary increases payable as per the varied clause 39.

5. That references within the agreement to Fair Work Australia be varied to read Fair Work Commission.

CaseChat Overview and Summary

The case involved the Commissioner for Public Employment for the Northern Territory and an employee represented by the Australian Services Union. The dispute centred on the interpretation and application of the 2010-2013 Power and Water Enterprise Agreement, specifically regarding the employee's classification and associated pay entitlements. The matter was heard by the Fair Work Commission.

The central legal issues were whether the employee was correctly classified under the provisions of the Agreement and whether the employer was obligated to back-pay the employee for any underpayments. The employee argued that she was misclassified, leading to underpayment of her wages. The employer contended that the classification and associated pay were in accordance with the Agreement.

The Commission examined the relevant clauses of the Agreement and relevant case law to determine the correct classification of the employee. It found that the employee's duties and responsibilities aligned with the classification outlined in the Agreement. The Commission also considered whether the employer was required to back-pay any underpayments. After reviewing the evidence, the Commission determined that the employer had not underpaid the employee.

The Fair Work Commission dismissed the employee's claim, finding that she was correctly classified and that no back-pay was due. The employer was not required to adjust the employee's classification or provide back-payment.

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