Northern Territory Commissioner for Public Employment

[2019] FWCA 3816

[2019] FWCA 3816

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Territory Commissioner for Public Employment
(AG2019/331)

2018 – 2021 POWER AND WATER ENTERPRISE AGREEMENT

Northern Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JUNE 2019

Application for approval of the 2018 – 2021 Power and Water Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2018 – 2021 Power and Water 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] I note that although the Agreement does not contain certain entitlements for part-time employees for which provision is made under the relevant award, the Northern Territory Public Sector Enterprise Award 2016 (Award), I am nevertheless satisfied that overall part-time employees are better off under the Agreement than the Award.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Community and Public Sector Union, The Association of Professional Engineers, Scientists and Managers, Australia, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 28 June 2019 and, in accordance with s.54, will operate from 5 July 2019. The nominal expiry date of the Agreement is 15 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A