NORTHERN TERRITORY PUBLIC SECTOR 2025 - 2029 ENTERPRISE AGREEMENT

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

[1] The Office of the Commissioner for Public Employment (the Applicant) has applied to the Fair Work Commission (the Commission) to vary the Northern Territory Public Sector 2025-2029 Enterprise Agreement (the Agreement). The Application is made pursuant to s.218A of the Fair Work Act 2009 (the FW Act), which empowers the Commission to vary enterprise agreements to correct an 'obvious error, defect or irregularity'.

[2] The Agreement was approved by the Commission on 30 January 2026 and commenced operation on 6 February 2026.

[3] The Applicant submits that the Agreement contains an error, defect or irregularity as follows:

"Schedule 3, clause 8.12 (Toxic Substance Allowance), provides for payment of an allowance when an employee is required to handle toxic substances outside their normal duties, with applicable rates set out in Part B of Schedule 11. However, the rates in Part B of Schedule 11 (page 237) are incorrectly expressed as an hourly allowance, when they should be specified as a weekly allowance, creating an inconsistency that requires correction."

[4] The Applicant seeks a variation of the Agreement to ensure that the Toxic Substance Allowance payable under Schedule 3, clause 8.12 is expressed as a weekly allowance rather than an hourly allowance.

[5] The Applicant submitted that while there are ten unions party to the Agreement, only members of the United Workers' Union (UWU), are affected by the relevant typographical error. The Applicant annexed to their Application correspondence exchanged with the UWU, in which the UWU advised that it does not oppose the application to vary the Agreement.

"218A Variation of enterprise agreements to correct or amend errors, defects or irregularities

(1) The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).

(2) The FWC may vary an enterprise agreement under subsection (1):

(i) one or more of the employers covered by the agreement;

(iii) an employee organisation covered by the agreement.

(3) If the FWC varies an enterprise agreement under subsection (1), the variation operates from the day specified in the decision to vary the agreement."

[7] Section 218A came into effect on 7 December 2022 as part of the reforms contained within the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022. The Explanatory Memorandum that supports the Bill states:

"772. This part would remove unnecessary complexity in the agreement-making process by amending the FW Act to:

• simplify the process for correcting any obvious errors, defects or irregularities in enterprise agreements; and
• provide a simple remedy to address the situation where the wrong version of an enterprise agreement or variation has been inadvertently submitted to, and approved by, the FWC."

[8] Having reviewed the material filed in support of the application, including the correspondence from the UWU advising that it does not oppose the Application as made, I am satisfied that it is appropriate for the Commission to vary the Agreement to amend the Toxic Substance Allowance payable under Schedule 3, clause 8.12 to be expressed as a weekly allowance rather than an hourly allowance.

[9] For the reasons set out above, I am satisfied that the above-described drafting error that occurred in respect of the Toxic Substance Allowance payable under Schedule 3, clause 8.12 of the Agreement falls within the scope of s.218A(1) of the FW Act. I am further satisfied that the application to vary the Agreement has been made by the employer covered by the Agreement, thus satisfying the requirements of s.218A(2)(b)(i) of the FW Act.

[10] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[11] In accordance with s.218A(3) of the Act, the variation will operate from the commencement date of the Agreement, which was 6 February 2026.

[12] An order giving effect to this decision will be separately issued.

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