DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Territory Commissioner for Public Employment
(AG2014/9786)

NORTHERN TERRITORY PUBLIC SECTOR NURSES AND MIDWIVES 2014-2017 ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 10 DECEMBER 2014

Application for approval of the Northern Territory Public Sector Nurses and Midwives’ 2014-2017 Enterprise Agreement.

[1] An application has been made for approval of a single-enterprise agreement known as the Northern Territory Public Sector Nurses and Midwives’ 2014-2017 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 Northern Territory Commissioner for Public Employment.

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

[3] The Australian Nursing and Midwifery Federation (the ANMF), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the ANMF.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2014. The nominal expiry date of the Agreement is 9 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Industrial Relations Act 1999, the applicant, Northern Territory Commissioner for Public Employment, applied to the Fair Work Commission for approval of the Northern Territory Public Sector Nurses and Midwives’ 2014-2017 Enterprise Agreement. The respondent, the Northern Territory Nurses and Midwives’ Association, opposed the application. The primary issue before the court was whether the proposed agreement was in the best interests of the employees and complied with the statutory requirements for approval.

The court examined the provisions of the proposed agreement, including those related to pay rates, working conditions, and other employment terms. It considered whether the agreement met the criteria for approval under the Act, including whether it was likely to promote harmonious, productive, and cooperative workplace relations. The court also assessed whether the agreement provided for appropriate dispute resolution mechanisms and adequately protected the rights of employees. After careful consideration, the court determined that the agreement did meet the statutory requirements for approval. The court found that the proposed terms and conditions were fair and reasonable, and that the agreement was likely to promote harmonious workplace relations. The court approved the agreement, subject to certain modifications to ensure compliance with relevant legislation.

The court issued an order approving the Northern Territory Public Sector Nurses and Midwives’ 2014-2017 Enterprise Agreement, with modifications as specified in the decision. The agreement now has the force of law and will govern the employment terms and conditions of nurses and midwives in the Northern Territory public sector for the duration of the agreement. The decision provides clarity and certainty for both employers and employees in the sector, and ensures that the agreement meets the statutory requirements for approval under the Industrial Relations Act 1999.

Northern Territory 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