Office of the Commissioner for Public Employment

[2023] FWCA 1101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Office of the Commissioner for Public Employment

(AG2023/921)

CORRECTIONAL OFFICER (NTPS) 2021 - 2025 ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER LEE	MELBOURNE, 18 APRIL 2023

Application for approval of the Correctional Officer (NTPS) 2021 - 2025 Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the Correctional Officer (NTPS) 2021 - 2025 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 Office of the Commissioner for Public Employment. 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 United Workers' 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2023. The nominal expiry date of the Agreement is 2 December 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Office of the Commissioner for Public Employment applied to the Fair Work Commission for approval of the Correctional Officer (NTPS) 2021-2025 Enterprise Agreement. The applicant sought approval of the agreement on the basis that it complied with the requirements of the Fair Work Act 2009, and it contained appropriate mechanisms for the resolution of workplace disputes. The Commissioner for Public Employment argued that the agreement would provide a fair and reasonable outcome for the employees and the employer, and it would promote productivity, economic prosperity, and social inclusion.

The legal issues the court was required to decide included whether the agreement complied with the requirements of the Fair Work Act, and whether it contained appropriate mechanisms for the resolution of workplace disputes. The court also had to consider whether the agreement provided a fair and reasonable outcome for the employees and the employer, and whether it would promote productivity, economic prosperity, and social inclusion. The court had to consider the provisions of the agreement, including the terms and conditions of employment, the dispute resolution mechanisms, and the overall fairness of the agreement.

The court found that the agreement complied with the requirements of the Fair Work Act and contained appropriate mechanisms for the resolution of workplace disputes. The court was satisfied that the agreement provided a fair and reasonable outcome for the employees and the employer, and it would promote productivity, economic prosperity, and social inclusion. The court considered the provisions of the agreement, including the terms and conditions of employment, the dispute resolution mechanisms, and the overall fairness of the agreement. The court also considered the evidence presented by the parties, including the submissions made by the employees and the employer.

The final orders of the court were that the agreement was approved, and it would come into effect on the first day of March 2021. The court found that the agreement provided a fair and reasonable outcome for the employees and the employer, and it would promote productivity, economic prosperity, and social inclusion. The court was satisfied that the agreement complied with the requirements of the Fair Work Act and contained appropriate mechanisms for the resolution of workplace disputes. The agreement was approved, and it would come into effect on the first day of March 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established