DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Barkly Regional Council
(AG2019/2958)

BARKLY REGIONAL COUNCIL ENTERPRISE AGREEMENT 2018-2021

Local government administration
COMMISSIONER BOOTH	BRISBANE, 12 SEPTEMBER 2019

Application for approval of the Barkly Regional Council Enterprise Agreement 2018-2021.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Barkly Regional Council (the Applicant) for approval of the Barkly Regional Council Enterprise Agreement 2018-2021 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and the bargaining representatives on 2 September 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided signed undertakings on 4 September 2019, addressing the concerns raised.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] Enquiries were made by an employee bargaining representative who filed a statutory declaration, having raised a concern about whether the proposed Agreement had been compared against a Modern Award. Additionally, the bargaining representative enquired about which Modern Award applied. It was confirmed the Local Government Industry Award 2010 was the relevant Modern Award.

[6] Subject to the undertakings provided and the matters raised at paragraph [5], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The United Voice Northern Territory Branch (the United Voice) and the Australian, Municipal, Administrative, Clerical and Services Union (the ASU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the United Voice and the ASU.

[8] The Agreement is approved and, in accordance with s.54 of the Act and clause 3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 18 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The Barkly Regional Council recently faced a matter before the Fair Work Commission concerning the approval of their Enterprise Agreement for the period of 2018-2021. The council sought approval for the agreement which outlines terms and conditions of employment for their staff. The Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the statutory requirements under the Fair Work Act, particularly whether it contained all the mandated terms, was free from prohibited content, and whether it had been fairly negotiated. The Commission also had to consider whether the agreement met the 'better off overall test', ensuring that employees were not disadvantaged by the terms of the agreement compared to their previous conditions of employment.

After thorough examination, the Commission found that the Enterprise Agreement complied with all statutory requirements. The agreement was deemed to be free from prohibited content, contained all mandated terms, and had been fairly negotiated. Furthermore, the Commission was satisfied that the agreement met the 'better off overall test', meaning employees would be at least as well off, and in some cases better off, under the new agreement. Consequently, the Commission approved the Barkly Regional Council Enterprise Agreement 2018-2021.

The Fair Work Commission's decision effectively resolves the council's application for approval of the Enterprise Agreement. The approval ensures that the terms and conditions of employment for the council's staff are legally compliant and fair, providing a clear framework for the council and its employees moving forward.

Barkly Regional Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established