DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Desert Regional Council
(AG2016/4912)

CENTRAL DESERT REGIONAL COUNCIL ENTERPRISE AGREEMENT 2016-19

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 15 SEPTEMBER 2016

Application for approval of the Central Desert Regional Council Enterprise Agreement 2016-19.

[1] An application has been made for approval of an enterprise agreement known as the Central Desert Regional Council Enterprise Agreement 2016-19 (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 .The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] United Voice and the Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives 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) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Central Desert Regional Council applied to the Fair Work Commission for approval of the Central Desert Regional Council Enterprise Agreement 2016-19. The application was opposed by the Australian Services Union, which claimed the agreement did not provide for adequate minimum wage rates and entitlements. The Fair Work Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009.

In assessing the application, the Commission considered the provisions of the Fair Work Act 2009, including the requirement for enterprise agreements to provide for minimum rates of pay and conditions of employment that are no less favourable than the relevant award or safety net award. The Commission noted that the agreement in question provided for minimum wage rates and conditions of employment that were consistent with the relevant award. The Commission also considered the need to ensure that the agreement facilitated the efficient operation of the Council and did not unduly burden the Council's financial position.

After considering the evidence and arguments presented by the parties, the Commission concluded that the agreement met the requirements of the Fair Work Act 2009. The Commission approved the agreement, finding that it provided for minimum wage rates and conditions of employment that were no less favourable than the relevant award and facilitated the efficient operation of the Council. The application was therefore successful.

The Fair Work Commission approved the Central Desert Regional Council Enterprise Agreement 2016-19. This decision is final and binding on the parties.

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