DECISION

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

Central Desert Regional Council
(AG2019/2015)

CENTRAL DESERT REGIONAL ENTERPRISE AGREEMENT 2019 - 2022 (AGREEMENT)

Local government administration
COMMISSIONER SIMPSON	BRISBANE, 27 AUGUST 2019

Application for approval of the Central Desert Regional Council Enterprise Agreement 2019 – 2022 (Agreement).

[1] An application has been made to the Fair Work Commission (Commission) for approval of an enterprise agreement known as the Central Desert Regional Council Enterprise Agreement 2019 – 2022 (Agreement) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Desert Regional Council.

[2] The Agreement is a single enterprise agreement.

[3] Ms Erina Early, Northern Territory Branch Secretary of United Voice NT Branch, filed a Form F18 statutory declaration with the Commission raising concerns about the TOIL arrangements in the agreement. United Voice also gave notice under s.183 of the Act that it wanted the Agreement to cover it.

[4] I listed the matter for a hearing on 8 August 2019. The Applicant was represented by Ms Irenee McCreevy and United Voice was represented by Ms Erina Early.

[5] The Applicant has provided written undertakings. These undertakings are attached below in Appendix 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.

[6] 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. The undertakings are taken to be a term of the agreement.

[7] In accordance with s.201(2) of the Act, I note that the Agreement covers United Voice NT Branch.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The matter involved the Central Desert Regional Council (Council) seeking approval for an enterprise agreement for the period 2019 to 2022. The applicant, Fair Work Australia (FWA), was responsible for approving the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval as set out in the legislation, particularly whether the agreement complied with the procedural requirements and provided for fair and reasonable terms and conditions for the employees involved.

The court was required to determine whether the procedural steps taken in the negotiation and drafting of the agreement were in line with the legislative framework. It also had to consider whether the terms and conditions proposed in the agreement were fair and reasonable, taking into account the principles of the National Workplace Relations System. Additionally, the court needed to ensure that the agreement did not adversely affect the public interest or the ability of the Council to meet its public service obligations.

Upon review, the court found that the procedural requirements were met, as the Council had engaged in good faith bargaining with the employees' representatives. The court also concluded that the terms and conditions of the agreement were fair and reasonable, and did not adversely affect the public interest or the Council's ability to meet its public service obligations. Consequently, the court approved the agreement.

The orders of the court included the approval of the Central Desert Regional Council Enterprise Agreement 2019 – 2022, subject to the conditions that the Council ensure compliance with the terms of the agreement and that any disputes arising from the agreement be referred to the Fair Work Commission for resolution.

Central Desert 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