Northern Territory Commissioner for Public Employment

[2019] FWCA 4150

[2019] FWCA 4150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Territory Commissioner for Public Employment
(AG2019/552)

2018 - 2022 TERRITORY GENERATION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER PLATT	ADELAIDE, 17 JUNE 2019

Application for approval of the 2018 - 2022 Territory Generation Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2018-2022 Territory Generation Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Northern Territory Commissioner for Public Employment. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 17 May 2019.

[3] On 24 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 6 June 2019. The undertaking deals with the following topics:

•  For the purposes of clause 21 of the Agreement - Determination 17 of 2015 is appended to the Agreement.

•  Territory Generation will not employ apprentices.

•  Annualised salaries agreed pursuant to clause 39.1 must me made pursuant to clause 16 or clause 17 of the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] The “Community and Public Sector Union (CPSU)”, the “‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union (AMWU)”, the “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)”, and the “Association of Professional Engineers, Scientists and Managers, Australia” 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) of the Act I note that the Agreement covers these organisations.

[9] 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.

[10] 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 15 July 2022.

COMMISSIONER

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