Northern Territory Commissioner for Public Employment, Speaker Of The Legislative Assembly Of The Northern Territory

[2022] FWCA 1082

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Northern Territory Commissioner for Public Employment, Speaker Of The Legislative Assembly Of The Northern Territory

(AG2022/469)

Northern Territory Public Sector 2021 – 2025 Enterprise Agreement

Northern Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 APRIL 2022

Application for approval of the Northern Territory Public Sector 2021 - 2025 Enterprise Agreement - correction to decision

The decision issued by the Commission on 31 March 2022 [[2022] FWCA 1082, PR739753, AE515498] is corrected by renumbering paragraphs [4]-[5] as paragraphs [5]-[6] and inserting a new paragraph [4] as follows:

[4] The application was not lodged within 14 days after the agreement was made. The employers seek an extension of the time for filing the application for approval under s 185(3)(b) of the Act. Having regard to all the circumstances, including the decision in Northern Territory Commissioner for Public Employment & Speaker of the Legislative Assembly of the Northern Territory v “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union[1] and the matters set out in the affidavit of Ms Winstanley on 25 February 2022, I consider it fair to extend the time for making the application under s.185(3)(b) to 22 February 2022.

DEPUTY PRESIDENT

[1] [2022] FWCFB 21

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for the approval of the Northern Territory Public Sector 2021-2025 Enterprise Agreement (the agreement). The application was lodged by the Northern Territory Commissioner for Public Employment and the Speaker of the Legislative Assembly of the Northern Territory. The applicants sought an extension of time for lodging the application for approval of the agreement. The initial decision issued by the Commission on 31 March 2022 was subsequently corrected, with the correction involving the renumbering of paragraphs and the insertion of a new paragraph.

The primary legal issue before the FWC was whether the time for making the application for approval under section 185(3)(b) of the Fair Work Act 2009 should be extended. The applicants argued that there were circumstances warranting an extension of time. The FWC considered the decision in Northern Territory Commissioner for Public Employment & Speaker of the Legislative Assembly of the Northern Territory v “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, and the affidavit of Ms Winstanley on 25 February 2022. The FWC determined that it was fair to extend the time for making the application to 22 February 2022.

The FWC reviewed all the circumstances surrounding the application, including the decision in the referenced case and the affidavit of Ms Winstanley. The FWC found that an extension of time was warranted, considering the specific circumstances presented. Consequently, the FWC granted the extension to 22 February 2022, allowing the application for approval of the agreement to be made within the extended timeframe. The decision was corrected to reflect this outcome.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established