DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Territory Commissioner for Public Employment
(AG2017/6653)

2017 - 2021 JACANA ENERGY ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER LEE	MELBOURNE, 16 APRIL 2018

Application for approval of the 2017 - 2021 Jacana Energy Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2017 - 2021 Jacana Energy 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 Applicant 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] 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.

[4] The Community and Public Sector Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Northern Territory Commissioner for Public Employment applied for approval of the 2017 - 2021 Jacana Energy Enterprise Agreement. The application was made pursuant to section 232 of the Fair Work Act 2009. Jacana Energy, represented by their employees, opposed the approval of the agreement. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act, particularly in relation to the provisions concerning enterprise bargaining, the good faith obligation, and the terms and conditions of employment. The Commission needed to assess if the agreement was made in good faith, if it was appropriately certified, and whether it contained permissible terms and conditions.

After considering the submissions and evidence from both parties, the Commission found that the agreement largely met the legislative requirements for approval. The Commission acknowledged the good faith efforts of the parties in negotiating the agreement and determined that it contained appropriate terms and conditions for the employees. The Commission approved the 2017 - 2021 Jacana Energy Enterprise Agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission approved the 2017 - 2021 Jacana Energy Enterprise Agreement, with modifications, in line with the provisions of the Fair Work Act. The modifications were made to ensure the agreement complied with the legislative requirements, and the Commission was satisfied that the agreement was made in good faith and contained appropriate terms and conditions for the employees.

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