NT government pursues Fair Work action over firefighters, corrections dispute

After more than a year of bargaining with the union representing firefighters and correctional officers, the NT government has filed two applications to the Fair Work Commission (FWC) in a move that could jeopardise its own public sector wages policy.

Earlier this year, the Commissioner for Public Employment applied to the FWC for two separate intractable bargaining declarations.

Under Commonwealth law, an intractable bargaining declaration could lead to the FWC independently deciding pay and conditions for workers, potentially forcing the government to abandon its policy of maximum 3 per cent wage rises for public sector workers.

The United Workers Union Northern Territory (UWU NT), which represents both firefighters and correctional officers, has challenged the applications, accusing the government of neglecting its duty.

"The government is not focusing on real negotiation and trying to improve public sector workers' conditions of employment," UWU NT secretary Erina Early said.

"They're more focused on litigation and legal proceedings."

But Commissioner for Public Employment Nicole Hurwood defended the applications.

In a statement, she said the UWU has rejected multiple offers for new enterprise agreements, including some informed by the FWC's recommendations.

"The government has been clear with the UWU about the fiscal parameters within which it can negotiate," her statement read.

"The union continues to pursue claims that are significantly beyond what the government considers affordable or reasonable."

Edith Cowan University lecturer in industrial relations Dr Alexis Vassiley said it was unusual to see governments applying for intractable bargaining declarations due to their unpredictable outcomes.

"It's risky because what it does do is take the dispute out of the hands of the parties," he said.

"The Fair Work Commission isn't bound by the NT government's wages policy, so they could rule in favour of a much higher than 3 per cent increase."

Questions over cost as bargaining agreements bank up

Corrections officers and firefighters are two of seven workforces currently negotiating new enterprise agreements with the NT government.

The government is also negotiating with NT medical officers, dentists, nurses and midwives, Territory Generation and Power and Water Corporation employees.

Electrical Trades Union Northern Territory (ETU NT) organiser David Hayes said the pay offers made to Territory Generation and the Power and Water Corporation staff were "a joke."

"We've been offered a 2.75 per cent pay increase per year across the board, which is an absolute insult to those workforces," he said.

Australian Nursing and Midwifery Federation (ANMF) NT branch secretary Heidi Crisp said the policy of 3 per cent annual wage rises would hamper workforce numbers.

"People are having to resort to either being agency nurses or doing excessive overtime just to pay their regular bills,"

she said.

The ANMF NT is instead pursuing a 20.5 per cent wage increase over the next three years.

For union leaders such as Mr Hayes and Ms Crisp, the NT government's applications for intractable bargaining declarations involving corrections officers and firefighters set a worrying precedent.

Ms Early said pursuing this action against unions would be fiscally irresponsible.

"For the intractable bargaining process, [the government is] spending a lot of money on interstate lawyers to go up against firefighters and corrections officers," she said.

"This government has money to fight workers, but they have no money to invest in workers?"

In a statement, Ms Hurwood said the government was yet to spend any money on lawyers for its FWC hearings.

"No legal costs have been incurred to date, as the intractable bargaining declaration processes have only recently commenced," the statement read.

"Legal representation will be required as the matters progress, with the associated costs borne by the relevant agencies."

The FWC will hand down its verdict on the intractable bargaining declaration application for NT firefighters this Wednesday, August 26, while their verdict on corrections officers will be handed down on September 2.