Office of the Commissioner for Public Employment

NORTHERN TERRITORY PUBLIC SECTOR 2025 - 2029 ENTERPRISE AGREEMENT

Application for approval of the Northern Territory Public Sector 2025 - 2029 Enterprise Agreement

[1] An application has been made by the Office of the Commissioner for Public Employment (Applicant) for approval of an enterprise agreement known as the Northern Territory Public Sector 2025 - 2029 Enterprise Agreement (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

[2] I note that under the Public Sector Employment and Management Act 1993(NT) the Commissioner for Public Employment and the Speaker of the Legislative Assembly of the Northern Territory are together the relevant employers for the agreement. In view of the technical nature of that distinction and so far as is necessary I dispense with the requirement that each employer file separate supporting documentation in the matter.

[3] The Applicant has made a concurrent application pursuant to s 218A of the Act to vary the Agreement. That provision empowers the Commission to vary an agreement to correct an obvious error, defect or irregularity in an enterprise agreement. It is a power analogous to the slip rule and should for that reason be exercised with caution and confined to uncontroversial matters.

[4] The proposed variation is a correction to the page references in the table of contents. The variation is not opposed, and I am satisfied that the circumstances of the error are such as to be appropriately corrected by exercising my discretion under s. 218A.

[5] I will make the variations sought and those variations will operate from the operative

[6] The Applicant has proffered two undertakings each of which seek to apply more favourable conditions to the Agreement.

[7] Copies of the undertakings are attached (Annexure A and Annexure B). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[8] Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

[9] The following unions were bargaining representatives for the Agreement:

• Association of Professional Engineers, Scientists and Managers, Australia;

• Australian Education Union;

• Australian Manufacturing Workers Union;

• Australian Nursing and Midwifery Federation;

• Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing

• and Allied Services Union;

• Community and Public Sector Union;

• Construction, Forestry and Maritime Employees Union of Australia;

• Health Services Union;

• Transport Workers' Union of Australia; and

• United Workers Union.

[10] Each of the unions above have given notice under s. 183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) of the Act, I note the Agreement covers each of the entities set out in [9] above.

[11] The Agreement was approved on 30 January 2026 and will operate from 6 February 2026 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 10 August 2029.

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