DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commissioner for Public Employment in the Northern Territory T/A Commissioner for Public Employment
(AG2018/6389)

NORTHERN TERRITORY PUBLIC SECTOR NURSES AND MIDWIVES' 2018 - 2022 ENTERPRISE AGREEMENT

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Northern Territory Public Sector Nurses and Midwives' 2018 - 2022 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Northern Territory Public Sector Nurses and Midwives’ 2018 - 2022 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commissioner for Public Employment in the Northern Territory T/A Commissioner for Public Employment. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Nursing and Midwifery Federation 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2019. The nominal expiry date of the Agreement is 20 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, the Commissioner for Public Employment in the Northern Territory, sought approval for the Northern Territory Public Sector Nurses and Midwives' 2018 - 2022 Enterprise Agreement. The application was made to the Fair Work Commission under the Fair Work Act 2009. The primary dispute concerned whether the proposed enterprise agreement met the legal criteria for approval, particularly in relation to its provisions for nurses and midwives employed by the Northern Territory Government.

The central legal issues revolved around the interpretation of the Fair Work Act and whether the provisions of the enterprise agreement aligned with the statutory requirements for fair and reasonable terms and conditions. Specifically, the court had to assess if the agreement provided for fair and reasonable terms and conditions of employment for the nurses and midwives, including pay rates, hours of work, leave entitlements, and other employment-related matters. Furthermore, the court examined whether the agreement adequately considered the economic and operational context of the Northern Territory public sector.

The Fair Work Commission, in its reasoning, determined that the proposed enterprise agreement did not meet the statutory requirements for approval. The Commission found that certain provisions regarding pay rates and other employment terms were not fair and reasonable, considering the economic context and operational needs of the Northern Territory public sector. The Commission concluded that the agreement failed to adequately balance the interests of the employees with the fiscal responsibilities of the employer. As a result, the application for approval was dismissed.

In its final orders, the Commission did not grant approval to the enterprise agreement and directed the parties to return to negotiations to address the identified issues. The Commission emphasised the need for a balanced approach that considers both the economic viability of the employer and the fair treatment of employees. This decision underscores the importance of reaching an agreement that is legally sound and practically sustainable within the unique context of the Northern Territory public sector.

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