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

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Commissioner for Public Employment in the Northern Territory, acting as the employer, and the Maritime Union of Australia, representing the employees. The dispute pertained to the approval of the Northern Territory Public Sector Frances Bay Marine Facility Port Service Workers 2018-2022 Enterprise Agreement. The Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement provided for minimum wages and conditions, including those set by awards or safety nets, and whether it met the procedural fairness requirements by providing adequate time for the parties to negotiate and consult. Another issue was whether the agreement provided for the prompt and secure payment of remuneration and included provisions for the classification, rates of pay, and other terms and conditions of employment. The Commission also needed to consider whether the agreement appropriately addressed employee entitlements and dispute resolution mechanisms.

The Fair Work Commission examined the agreement in detail, assessing its provisions against the statutory criteria. The Commission found that the agreement did provide for minimum wages and conditions, including safety nets, and that it had been negotiated and consulted upon in a manner that met procedural fairness requirements. The agreement was deemed to provide for prompt and secure payment of remuneration and included necessary terms and conditions of employment. Additionally, the Commission concluded that the agreement appropriately addressed employee entitlements and dispute resolution mechanisms. Therefore, the Commission approved the agreement, finding it to be in compliance with the Fair Work Act 2009.

The Commission's final order was to approve the Northern Territory Public Sector Frances Bay Marine Facility Port Service Workers 2018-2022 Enterprise Agreement, effective from 1 April 2018. The decision was made on the basis that the agreement met all the statutory requirements and provided for fair and reasonable terms and conditions of employment for the employees involved.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established