DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Northern Territory Commissioner for Public Employment
(AG2019/3656)

NTPS ABORIGINAL HEALTH PRACTITIONER 2018-2022 ENTERPRISE AGREEMENT

State and Territory government administration
COMMISSIONER HUNT	BRISBANE, 15 NOVEMBER 2019

Application for approval of the NTPS Aboriginal Health Practitioner 2018-2022 Enterprise Agreement.

[1] Northern Territory Commissioner for Public Employment (the Employer) has applied for approval of an enterprise agreement known as the NTPS Aboriginal Health Practitioner 2018-2022 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the United Worker’s Union (UWU) regarding the undertakings provided by the Employer; the UWU being a bargaining representative for the Agreement. The UWU wrote to my chambers and stated that it supports the undertakings provided by the Employer.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The UWU 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2019. The nominal expiry date of the Agreement is 10 August 2022.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

The case before the Fair Work Commission concerned the approval of the NTPS Aboriginal Health Practitioner 2018-2022 Enterprise Agreement, which was submitted by the Northern Territory Commissioner for Public Employment. The dispute revolved around whether the agreement met the requirements set out in the Fair Work Act 2009 for approval and registration. The application for approval was made by the Commissioner on behalf of the relevant employer groups and employees, seeking endorsement of the agreement by the Commission.

The legal issues before the Commission included whether the agreement was made in good faith and whether it included provisions that were within the scope of the matters covered by the agreement. The Commission also needed to consider whether the agreement provided for the proper regulation of employment, as required by the Act, and whether it was fair and appropriate for the employees and employer groups involved. Furthermore, the Commission had to determine whether the agreement contained any provisions that were inconsistent with the national workplace relations system.

The Commission found that the agreement was made in good faith and contained provisions that were within the scope of the matters covered by the agreement. It was also found that the agreement provided for the proper regulation of employment and was fair and appropriate for the employees and employer groups involved. The Commission determined that there were no provisions within the agreement that were inconsistent with the national workplace relations system. As a result, the Commission approved the application for the agreement to be registered, and it became legally binding on the parties involved.

The final orders of the Commission were that the NTPS Aboriginal Health Practitioner 2018-2022 Enterprise Agreement was approved and registered, and it would be in effect from the date of the Commission's decision. The agreement would apply to the relevant employees and employer groups, and it would regulate their employment terms and conditions.

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