DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Territory Commissioner for Public Employment
(AG2016/8040)

NORTHERN TERRITORY PUBLIC SECTOR FIRE AND RESCUE SERVICE 2013 - 2017 ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2017

Application for approval of the Northern Territory Public Sector Fire and Rescue Service 2013 - 2017 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Northern Territory Public Sector Fire and Rescue Service 2013 - 2017 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 the 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2017. The nominal expiry date of the Agreement is 7 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of the Fair Work Commission, the applicant, Northern Territory Commissioner for Public Employment, sought approval for the Northern Territory Public Sector Fire and Rescue Service 2013 - 2017 Enterprise Agreement. The applicant argued that the proposed agreement was fit for the purpose of being a safety net agreement and provided for the efficient, productive and flexible operation of the business. The respondents, represented by the United Fire Fighters Union of Australia, opposed the application on various grounds, including the assertion that the agreement did not adequately address pay rates and conditions for employees.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria set out in section 233 of the Fair Work Act 2009, including whether it provided for the efficient, productive and flexible operation of the business and was fit for the purpose of being a safety net agreement. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it provided for the fair and reasonable terms and conditions of employment.

The Commission found that the proposed enterprise agreement did meet the criteria set out in the Fair Work Act. The Commission acknowledged that the agreement provided for the efficient, productive and flexible operation of the business, as it included provisions for flexible work arrangements and the use of technology to improve operational efficiency. The Commission also found that the agreement was fit for the purpose of being a safety net agreement, as it provided for minimum pay rates and conditions for employees, as well as provisions for overtime and shift loading. The Commission further found that the agreement was in the best interests of the employees, as it provided for reasonable consultation and communication provisions and addressed key issues such as pay rates and conditions of employment.

In light of the above, the Commission approved the proposed enterprise agreement. The agreement now serves as a safety net agreement for the Northern Territory Public Sector Fire and Rescue Service and sets out the terms and conditions of employment for employees in that sector.

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