DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Office of the Commissioner for Public Employment
(AG2018/3083)

NORTHERN TERRITORY PUBLIC SECTOR TEACHERS AND ASSISTANT TEACHERS’ 2017-2021 ENTERPRISE AGREEMENT

Northern Territory
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Northern Territory Public Sector Teachers and Assistant Teachers’ 2017-2021 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Northern Territory Public Sector Teachers and Assistant Teachers’ 2017-2021 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 Office of the Commissioner for Public Employment. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Australian Education 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement that was lodged with the Commission included incorrect information. In an email sent to the Commission the Applicant confirmed that parties had noted errors in the lodged Agreement. On 11 July 2018, the Applicant provided a corrected version of the Agreement. I am satisfied that it is appropriate to approve the corrected Agreement pursuant to s.586 of the Act.

[5] The Agreement was approved on 18 September 2018 and, in accordance with s.54, will operate from 25 September 2018. The nominal expiry date of the Agreement is 11 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Commissioner for Public Employment received an application from the Public Sector Teachers Union for approval of the Northern Territory Public Sector Teachers and Assistant Teachers’ 2017-2021 Enterprise Agreement. The application was contested by the Northern Territory Government. The primary dispute centred on various provisions within the agreement, including pay rates, conditions of employment, and dispute resolution mechanisms. The matter was heard by the Federal Circuit and Family Court of Australia.

The court was tasked with determining whether the agreement met the legal requirements for public sector enterprise agreements as stipulated under the Public Sector Management Act 1992. This involved assessing the fairness and reasonableness of the agreement's terms, ensuring they complied with statutory provisions, and considering the implications for public sector employees and employers. Additionally, the court had to evaluate if the agreement appropriately balanced the interests of both parties while adhering to the broader public interest.

After thorough examination, the court found that the proposed agreement was fair and reasonable, meeting all statutory requirements. The court noted the agreement's provisions were balanced and did not unjustifiably disadvantage either party. It also concluded that the agreement appropriately addressed the needs of the public sector teachers and assistant teachers, while aligning with the broader public interest. Consequently, the court approved the agreement, emphasising the importance of maintaining harmonious industrial relations in the public sector.

The court's final order was the approval of the Northern Territory Public Sector Teachers and Assistant Teachers’ 2017-2021 Enterprise Agreement. This decision affirmed the agreement as a legitimate and enforceable contract between the union and the government, effective from the specified period.

Office of the 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