DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Darwin
(AG2018/2566)

CITY OF DARWIN ENTERPRISE AGREEMENT 2017

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 21 DECEMBER 2018

Application for approval of the City of Darwin Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the City of Darwin Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City of Darwin. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Darwin brought an application to the Fair Work Commission to approve the City of Darwin Enterprise Agreement 2017. The agreement was made between the City of Darwin and its employees, represented by the Public Sector Union. The dispute involved the terms and conditions of employment for the employees, including wages, working hours, and other benefits. The Fair Work Commission was the court that heard and decided on the application.

The legal issues the court had to decide included whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment. The court also had to consider whether the agreement was made in good faith and whether it provided for proper consultation between the parties. The court also needed to consider whether the agreement was consistent with the National Employment Standards.

The court found that the City of Darwin Enterprise Agreement 2017 met the requirements of the Fair Work Act 2009. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was made in good faith with proper consultation between the parties. The court also found that the agreement was consistent with the National Employment Standards. The court approved the agreement, and it became legally binding on the parties.

The Fair Work Commission approved the City of Darwin Enterprise Agreement 2017, and it became effective from 1 July 2017. The agreement provided for wages, working hours, and other benefits for the employees of the City of Darwin. The court's decision was based on a careful consideration of the legal issues and the evidence presented by both parties. The decision was an important step in ensuring that the employees of the City of Darwin had fair and reasonable terms and conditions of employment.

City of Darwin

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established