Commissioner for Public Employment in the Northern Territory T/A Commissioner for Public Employment

[2019] FWCA 1200

[2019] FWCA 1200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commissioner for Public Employment in the Northern Territory T/A Commissioner for Public Employment
(AG2018/6095)

NORTHERN TERRITORY PUBLIC SECTOR FRANCES BAY MARINE FACILITY PORT SERVICES WORKERS 2018-2022 ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER PLATT	ADELAIDE, 22 FEBRUARY 2019

Application for approval of the Northern Territory Public Sector Frances Bay Marine Facility Port Service Workers 2018 - 2022 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Northern Territory Public Sector Frances Bay Marine Facility Port Service Workers 2018 - 2022 Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Commissioner for Public Employment in the Northern Territory T/A Commissioner for Public Employment. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 6 February 2019.

[3] On 11 February 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 19 February 2019. The undertaking deals with the following topics:

•  For the purpose of clause 19.5 of the Agreement, the default superannuation fund will offer a MySuper product.

•  For the purpose of clause 44.4 of the Agreement, the Applicant undertakes not to employ any persons on an annualised salary.

•  For the purpose of clause 51.3 of the Agreement, the employer undertakes not to employ trainees or apprentices.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] 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.

[7] The “The Maritime Union of Australia (MUA)”, 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.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE501963 PR705245>