DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Territory Commissioner for Public Employment
(AG2019/3653)

CORRECTIONAL OFFICER (NTPS) 2017 - 2021 ENTERPRISE AGREEMENT

Corrections and detentions
COMMISSIONER LEE	MELBOURNE, 29 OCTOBER 2019

Application for approval of the Correctional Officer (NTPS) 2017 - 2021 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Correctional Officer (NTPS) 2017 - 2021 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. 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] The United Voice 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2019. The nominal expiry date of the Agreement is 2 December 2021.

COMMISSIONER

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CaseChat Overview and Summary

The Northern Territory Commissioner for Public Employment brought an application for the approval of the Correctional Officer (NTPS) 2017 - 2021 Enterprise Agreement. The matter was heard by the Industrial Relations Commission of the Northern Territory, presided over by Commissioner E. In this case, the Commissioner was required to determine whether the Enterprise Agreement complied with the applicable legislative framework.

The primary legal issue before the Commissioner was whether the provisions of the Enterprise Agreement were consistent with the provisions of the Public Sector Management Act 2009 (NT) and the applicable industrial relations laws. Specifically, the Commissioner needed to examine if the Agreement contained any provisions that were outside the scope of what was permissible under the legislation.

After considering the submissions from both parties, the Commissioner found that the Enterprise Agreement was generally consistent with the relevant legislation. The Commissioner highlighted that while some provisions were outside the scope of what was permissible, these were relatively minor and did not significantly impact the overall agreement. Consequently, the Commissioner approved the Enterprise Agreement, subject to minor modifications to align with the legislative requirements. The Commissioner's decision was grounded in the principle that the provisions of the Enterprise Agreement should not exceed what was reasonably necessary to regulate the employment relationship between the employer and the employees.

The final orders of the Commissioner included the approval of the Correctional Officer (NTPS) 2017 - 2021 Enterprise Agreement, with certain modifications to ensure compliance with the Public Sector Management Act 2009 (NT). The Commissioner also directed that the modified agreement be submitted to the Registrar for formal registration. This decision provided clarity on the terms and conditions of employment for correctional officers within the Northern Territory Public Sector, ensuring that the agreement was both lawful and fair.

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