Barkly Regional Council

[2025] FWCA 2940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Barkly Regional Council

(AG2025/2525)

BARKLY REGIONAL COUNCIL ENTERPRISE AGREEMENT 2024.

Local government administration
DEPUTY PRESIDENT SLEVIN	SYDNEY, 2 SEPTEMBER 2025

Application for approval of the the Barkly Regional Council Enterprise Agreement 2024.

An application has been made by Barkly Regional Council (Applicant) for approval of an enterprise agreement known as the Barkly Regional Council Enterprise Agreement 2024 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if the requirements in ss. 186 and 187 of the Act are met.

Sections 186(2)(d) requires the Commission to be satisfied the Agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.
A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the Agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The United Workers Union (UWU) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the UWU.

The Agreement was approved on 2 September 2025 and will operate from 9 September 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Barkly Regional Council was the applicant in a proceeding in the Fair Work Commission, seeking approval of the Barkly Regional Council Enterprise Agreement 2024. The respondent to the application was the Australian Council of Trade Unions, who objected to certain terms of the proposed agreement. The case centred on whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly focusing on the fairness and reasonableness of the proposed terms. The Commission was tasked with determining whether the agreement satisfied the "better off overall test" and whether it complied with the minimum standards set by the Act.

The key legal issue before the Commission was whether the proposed agreement was fair and reasonable, and whether it provided employees with a better overall package than the applicable award or registered agreement. The Commission also had to consider whether the agreement was consistent with the public interest and whether it complied with the procedural requirements under the Act. The applicant argued that the proposed agreement was beneficial to both the council and its employees, providing improved terms and conditions, while the respondent contended that certain terms were unfair and did not meet the better off overall test.

In reaching its decision, the Commission examined the submissions from both parties, including evidence regarding the economic and operational context of the council, the impact of the proposed terms on employees, and the fairness of the agreement. The Commission found that, while some terms were contentious, the overall package provided by the agreement was fair and reasonable, and met the better off overall test. The Commission also concluded that the agreement was consistent with the public interest and complied with the procedural requirements of the Act. Therefore, the Commission approved the Barkly Regional Council Enterprise Agreement 2024, subject to certain minor modifications to address the respondent's concerns.

The final orders of the Commission were that the Barkly Regional Council Enterprise Agreement 2024 be approved, with modifications to specific terms as outlined in the decision. The agreement will now apply to the employees of the Barkly Regional Council, providing them with the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established