DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunbury-Harvey Regional Council T/A Bunbury-Harvey Regional Council
(AG2019/2361)

BUNBURY-HARVEY REGIONAL COUNCIL EMPLOYEES 2019 ENTERPRISE AGREEMENT

Waste management industry
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2019

Application for approval of the Bunbury-Harvey Regional Council Employees 2019 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Bunbury-Harvey Regional Council Employees 2019 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bunbury-Harvey Regional Council T/A Bunbury-Harvey Regional Council. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Bunbury-Harvey Regional Council, trading as Bunbury-Harvey Regional Council, sought approval for the Bunbury-Harvey Regional Council Employees 2019 Enterprise Agreement, which was to be applied to its employees. The case was heard in the Fair Work Commission, with the council's application being contested by the Australian Council of Trade Unions and another union. The crux of the dispute lay in the terms and conditions of employment stipulated in the proposed enterprise agreement, which the unions argued did not adequately protect the rights and entitlements of the employees.

The central legal issues before the commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including provisions related to the proper process for negotiation, the content of the agreement, and its compliance with the Fair Work (Registered Organisations) Act 2009. Specifically, the unions contended that the agreement failed to provide for proper consultation and negotiation processes, and that certain provisions were not consistent with the relevant industrial instruments and legislation.

The commission examined the evidence and submissions from both parties, focusing on the procedural fairness of the negotiation process and the substantive terms of the agreement. The commission found that, while there were some procedural shortcomings in the negotiation process, the overall agreement was fair and reasonable. It took into account the need for flexibility in the council's operations and the importance of maintaining a harmonious workplace. Ultimately, the commission determined that the agreement was in compliance with the Fair Work Act and was approved it. The unions' objections were dismissed, and the council's application for approval was granted.

Bunbury-Harvey Regional Council T/A Bunbury-Harvey 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