DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunbury-Harvey Regional Council
(AG2017/79)

BUNBURY-HARVEY REGIONAL COUNCIL EMPLOYEES 2016 ENTERPRISE AGREEMENT

Local government administration
COMMISSIONER ROE	MELBOURNE, 1 FEBRUARY 2017

Application for approval of the Bunbury-Harvey Regional Council Employees 2016 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Bunbury-Harvey Regional Council Employees 2016 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. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement was approved on 1 February 2017 and, in accordance with s.54, will operate from 8 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bunbury-Harvey Regional Council (the Council) applied to the Fair Work Commission (FWC) for approval of the Bunbury-Harvey Regional Council Employees 2016 Enterprise Agreement (the Agreement). The applicant trade union, the Australian Services Union, was involved in the negotiations of the Agreement, and its members were the intended beneficiaries. The application was opposed by the Council, which argued that the Agreement should be rejected on a number of grounds, including that the Agreement was not in the best interests of the Council's employees and that the Agreement did not comply with the requirement to include a dispute resolution clause.

The FWC considered whether the Agreement met the requirements of the Fair Work Act 2009. The primary issue was whether the Agreement was in the best interests of the Council's employees, which was to be determined by considering whether the Agreement was fair and reasonable, and whether it was likely to promote workplace harmony. The FWC also considered whether the Agreement complied with the requirement to include a dispute resolution clause. The Council argued that the Agreement was not in the best interests of its employees, and that it did not comply with the requirement to include a dispute resolution clause.

The FWC found that the Agreement was in the best interests of the Council's employees, and that it complied with the requirement to include a dispute resolution clause. The FWC held that the Agreement promoted workplace harmony, and that it was fair and reasonable. The FWC also found that the dispute resolution clause in the Agreement was compliant with the requirements of the Fair Work Act. The FWC rejected the Council's argument that the Agreement was not in the best interests of its employees, and approved the Agreement.

The FWC approved the Agreement, subject to minor modifications to the dispute resolution clause. The Council was ordered to implement the Agreement as approved by the FWC. The trade union was ordered to give the Council reasonable notice of its intention to exercise any rights under the Agreement. The FWC also ordered that the Agreement be registered with the Registrar of the FWC.

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