Bulletin 23 - Update and process for resolution under Fair work Act - issued 3 July
The recent vote on the improved offer for a new enterprise agreement was unsuccessful. However, we remain committed to settling the terms of a new agreement and intend to continue to utilise the Fair Work Commission (FWC) processes to achieve this.
The improved offer was put to the vote in a genuine attempt to reach an agreement. It included considerable concessions made to the United Workers Union (the union) during the s 240 conferences held in April and May before the FWC, as well as all of the additional improvements that were recommended by Commissioner Riordan (such as higher salary increases in year 3 and 4, backpay to 23 April 2026 and an increase to the Alice Springs allowance).
Final attempt to settle under s 240 FWA process
In a final attempt to settle the negotiations through an agreement with the union, we have requested Commissioner Riordan reconvene the s 240 conference and this is to be held on 8 July 2026.
Next step if s 240 FWA process does not result in an agreement
If this conference does not result in agreement being reached, an application under section 235 of the Fair Work Act 2009 for an intractable bargaining declaration will be made in order to finalise these negotiations.
Under this process, if the FWC considers there is no reasonable prospect of agreement being reached between the UWU and the employer, it will issue a declaration to that effect and the matter will be dealt with further by the FWC and/or proceed to a Full Bench that will arbitrate the matters and make a ‘determination’ on the terms and conditions to apply. The issuing of a declaration will result in a requirement for any industrial action to cease.
When considering matters for arbitration, you should not assume that all or any of the generous matters put forward in the last offer are ‘locked in’. Although included in the last offer put to a vote, a number of core aspects were not agreed with the UWU. Despite not having agreement with the UWU, some were put forward by us because we regarded them as an enhancement to get the vote ‘over the line’. Some were also put forward by us because they were part of a package that was contingent on a ‘yes’ vote at the time the vote occurred.
Regardless, the list of matters that are or are not agreed with the UWU may well change. This ‘list’ will have a material impact on what is determined by the FWC. There should be no expectation that any determination will deliver a better outcome than what was recently offered.
Further, experience is the process can be lengthy and this will cause delays in any pay rise that is determined and likely without any backpay.
This advice is not made with ill intent. It is made because we want to inform you of the relevant matters and risks if we cannot get agreement with the UWU soon.
To be clear, having the matter referred to the FWC through the intractable bargaining provisions is not our preference. Our preference is to reach agreement with the UWU about all of the terms in a replacement agreement and to then have that replacement agreement endorsed by majority vote of the workforce. We will consider an intractable bargaining declaration if we don’t get that agreement with the UWU soon.
You are encouraged to let the UWU know your thoughts about the way forward before the FWC conference on 8 July 2026.
More information
Bargaining updates are posted on the Office of the Commissioner of Public Employment website at Correctional Officer (NTPS) Enterprise Agreement. Information on bargaining in general can be obtained on the Fair Work Commission website or by calling 1300 799 675.
Feedback
Should you wish to provide feedback, email enquiries.ocpe@nt.gov.au.
Johanna Stieber
For
Commissioner for Public Employment
3 July 2026