Central Desert Regional Council Summary

[2022] FWCA 2206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central Desert Regional Council

(AG2022/1774)

CENTRAL DESERT REGIONAL COUNCIL ENTERPRISE AGREEMENT 2022-2025

Local government administration
COMMISSIONER P RYAN	SYDNEY, 1 JULY 2022

Application for approval of the Central Desert Regional Council Enterprise Agreement 2022 - 2025

Central Desert Regional Council (the Employer) has made an application for approval of an enterprise agreement known as the Central Desert Regional Council Enterprise Agreement 2022-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Notice of employee representational rights (NERR)

The NERR was issued on the Employer’s letterhead. The Employer provided submissions that the placement of the NERR on the Employer’s letterhead constituted a minor technical error.

I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this constitutes a minor technical error for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

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.

Section 183 Bargaining representative

The Australian Municipal, Administrative, Clerical and Services Union (ASU) and United Workers Union (UWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

In accordance with s.201(2) of the Act, I note that the Agreement covers the ASU and the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Central Desert Regional Council (the council) applied to the Fair Work Commission (the Commission) for approval of the Central Desert Regional Council Enterprise Agreement 2022 - 2025 (the agreement). The council sought approval under the Fair Work Act 2009 (the Act). The council sought to have the agreement registered as a registered agreement. The council claimed that the agreement met the requirements of the Act.

The Commission was required to consider whether the agreement was a "registered agreement" under the Act. The Commission was required to consider whether the agreement was made in accordance with the Act and whether the agreement contained the prescribed terms and conditions. The Commission was also required to consider whether the agreement was likely to have a detrimental effect on the operation of a business.

The Commission considered that the agreement was made in accordance with the Act. The Commission considered that the agreement contained the prescribed terms and conditions. The Commission considered that the agreement was likely to have a detrimental effect on the operation of a business. However, the Commission considered that this was outweighed by the benefits of the agreement. The Commission considered that the agreement was in the best interests of the employees and the council. The Commission approved the agreement as a registered agreement.

The Commission ordered that the agreement be registered as a registered agreement under the Act. The Commission ordered that the agreement be registered from the date of the decision.

Central Desert Regional Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established