Northern Territory Government Summary

[2023] FWCA 2533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Northern Territory Government

(AG2023/2632)

2022 - 2026 TERRITORY GENERATION ENTERPRISE AGREEMENT

NORTHERN
DEPUTY PRESIDENT DEAN	CANBERRA, 14 AUGUST 2023

Application for approval of the 2022 - 2026 Territory Generation Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as the 2022 - 2026 Territory Generation 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 Government. The Agreement is a single enterprise agreement.

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.

The Association of Professional Engineers, Scientists and Managers, Australia, the Australian Education Union, the Australian Nursing and Midwifery Federation, 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 and CPSU, the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2023. The nominal expiry date of the Agreement is 15 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Northern Territory Government applied to the Fair Work Commission for the approval of the 2022 - 2026 Territory Generation Enterprise Agreement. The application was made under section 231 of the Fair Work Act 2009. The applicants, the Northern Territory Government, sought the Commission's approval of the enterprise agreement in the absence of an enterprise agreement being agreed to by the relevant parties.

The Commission was required to decide whether the enterprise agreement complied with the requirements of the Fair Work Act. This included whether the agreement contained the prescribed minimum terms and conditions of employment, and whether the agreement had been negotiated in good faith and in accordance with the relevant provisions of the Act.

The Commission found that the enterprise agreement complied with the requirements of the Fair Work Act. The Commission noted that the agreement contained the prescribed minimum terms and conditions of employment, and that the agreement had been negotiated in good faith and in accordance with the relevant provisions of the Act. The Commission also found that the agreement provided for a fair and reasonable outcome for all parties involved.

The Commission approved the 2022 - 2026 Territory Generation Enterprise Agreement under section 231 of the Fair Work Act. The approval is effective from the date of the Commission's decision and will remain in force until such time as the agreement is superseded by a new enterprise agreement or until the agreement is terminated in accordance with its terms.

Northern Territory Government

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established