Bulletin 16 - Section 240 application - Fair Work Commissioner’s recommendation - issued 28 May 2026

I refer to my previous update (Bulletin 14), in which I advised that I had applied to the Fair Work Commission, under section 240 of the Fair Work Act 2009 (Cth) for their assistance to resolve the impasse in negotiations for a new Enterprise Agreement.

Conferences were held between the parties before Commissioner Riordan on 23, 24 and 26 April 2026 and then further on 7, 22 and 26 May 2026.

Discussions were productive, with thorough consideration given to all matters raised by the United Workers Union and delegates at those conferences, and with a genuine commitment to attempting to reach agreement on the terms of a new offer.

On 26 May 2026, Commissioner Riordan handed down his recommendation to the parties.

Operating models

With regard to the Union’s concerns about my proposal to amend Clause 89 Operating Models for Correctional Facilities, I am pleased to report that the parties reached in-principle agreement on models for the Darwin Correctional Precinct, Berrimah Correctional Centre, Alice Springs Correctional Centre and the Alice Springs Women’s Correctional Centre.

These models define the agreed number of posts within each prison to ensure safe staffing levels and operations.

Next steps

Noting the extensive work undertaken on the operating models that parties are continuing to work through their positions on the wording for Clause 89, in line with Commissioner Riordan’s recommendation at paragraph 7. I note Commissioner Riordan considered the proposed new clause to be an abbreviated dispute resolution process for all parties and the move away from it would be a retrograde step, which also remains our view.

My priority is to return an improved offer to an employee vote as soon as possible so that you can have your say on the improved terms and conditions offered that align to the Fair Work Commission recommendation.

More information

For further information, please contact OCPE at enquiries.OCPE@nt.gov.au or go to the Correctional Officer (NTPS) Enterprise Agreement page.

To learn more, view Section 240 Application - Fair Work Commissioner’s Recommendation.

Nicole Hurwood
Commissioner for Public Employment
28 May 2026