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

[2019] FWCA 5414

[2019] FWCA 5414

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commissioner for Public Employment in the Northern Territory T/A Office of the Commissioner for Public Employment
(AG2019/2385)

NORTHERN TERRITORY PUBLIC SECTOR DENTAL OFFICERS’ 2018-2022 ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER PLATT	ADELAIDE, 5 AUGUST 2019

Application for approval of the Northern Territory Public Sector Dental Officers’ 2018-2022 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Northern Territory Public Sector Dental Officers’ 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 Office of the Commissioner for Public Employment. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 31 August 2019.

[3] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[4] In reviewing clause 56.4 of the Agreement, which relates to personal leave, I note that its operation is inconsistent with the Act. Additionally, clause 56.5, which relates to carer’s leave for casual employees, contains a typographical error. However, I consider that these issues are resolved by the operation of clause 2, which provides a National Employment Standards (NES) precedence, causing the NES to apply to the extent of any inconsistency with the Agreement.

[5] The Community and Public Sector Union, CPSU, 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.

[6] 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.

[7] 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 21 August 2022.

COMMISSIONER

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