Alice Springs Town Council

[2022] FWCA 4449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alice Springs Town Council

(AG2022/4706)

Alice Springs Town Council Enterprise Agreement 2022

Local government administration
COMMISSIONER SCHNEIDER	PERTH, 15 DECEMBER 2022

Application for approval of the Alice Springs Town Council Enterprise Agreement 2022

Alice Springs Town Council (the Applicant) has made an application for the approval of an enterprise agreement known as the Alice Springs Town Council Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union and the Australian Services Union (the Unions), being bargaining representatives for the Agreement, has given notice under section 183 of the Act that they want the Agreement to cover them. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisations, I note that the Unions is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 December 2022. The nominal expiry date of the Agreement is 15 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Alice Springs Town Council sought approval of the Alice Springs Town Council Enterprise Agreement 2022. The agreement was submitted to the Fair Work Commission, which had the authority to assess whether the terms of the agreement complied with relevant labour laws and regulations. The Council sought a declaration that the agreement was properly negotiated and met the criteria for approval.

The legal issues before the court revolved around the validity of the negotiation process and the terms of the agreement itself. The Council needed to demonstrate that the agreement was made in good faith and that it complied with the Fair Work Act 2009, including provisions on enterprise bargaining and minimum employment standards. The court also had to consider whether the agreement was consistent with the provisions of the Fair Work (Registered Organisations) Act 2009, which governs the roles and responsibilities of trade unions and employer associations in the bargaining process.

The court examined the evidence provided by the Council regarding the negotiation process and found that the agreement was indeed the result of good faith bargaining. It was satisfied that the Council had followed all necessary procedures and that the terms of the agreement were fair and reasonable. The court concluded that the agreement met all the statutory requirements for approval, including compliance with minimum employment standards and the specific provisions of the Fair Work Act. Consequently, the court granted the Council's application for approval of the enterprise agreement.

The final orders of the court included a declaration that the Alice Springs Town Council Enterprise Agreement 2022 was properly negotiated and met all the legal criteria for approval. The agreement was thus deemed valid and enforceable, providing a framework for the terms and conditions of employment for the Council's staff for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established