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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CaseChat Overview and Summary

The Northern Territory Commissioner for Public Employment was the applicant in this case, seeking approval for the 2018 – 2022 Territory Generation Enterprise Agreement. The respondents were the employer, Territory Generation, and various unions representing the employees. The central issue was whether the agreement met the criteria for approval under the Public Sector Management Act 1992. The Court had to determine if the agreement provided fair and reasonable terms for both the employer and employees and if it aligned with the broader public interest.

The primary legal question was whether the agreement contained provisions that were fair and reasonable and in accordance with the Act. The Court had to consider whether the terms of the agreement were consistent with the principles of industrial justice and fairness. The Court also needed to evaluate whether the agreement addressed the economic realities of the industry and the financial sustainability of the employer. Additionally, the Court had to assess whether the agreement met the broader public interest, including considerations of regional development and economic stability.

The Court found that the agreement contained provisions that were fair and reasonable and in accordance with the Act. It determined that the agreement provided appropriate terms for both the employer and employees, balancing the needs for industrial justice and fairness. The Court concluded that the agreement addressed the economic realities of the industry and ensured the financial sustainability of the employer. Furthermore, the Court found that the agreement met the broader public interest, considering the regional development and economic stability of the Northern Territory. As a result, the Court approved the 2018 – 2022 Territory Generation Enterprise Agreement.

The Court ordered the approval of the 2018 – 2022 Territory Generation Enterprise Agreement, subject to the terms and conditions set out in the agreement. The agreement was to be implemented in accordance with the provisions of the Public Sector Management Act 1992. The Court also ordered that the agreement would be subject to review and any necessary amendments could be made in accordance with the relevant industrial instruments and legislation.

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