City of Darwin Summary

[2014] FWCA 7907

FAIR WORK COMMISSION

DECISION

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

City of Darwin
(AG2014/7594)

CITY OF DARWIN CERTIFIED AGREEMENT 2014

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 7 NOVEMBER 2014

Application for approval of the City of Darwin Certified Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the City of Darwin Certified Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Australian Municipal, Administrative, Clerical and Services Union and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) of the Act I note that the Agreement covers those organisations.

[4] Pursuant to s.190 of the Act the parties have provided undertakings in relation to the operation of clause 13.9 of the Agreement. In accordance with s.201(3) of the Act these undertakings will be appended to, and taken to be a term of, the Agreement.

[5] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 14 November 2014. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Darwin sought approval for the 2014 Certified Agreement, which governed the employment conditions of its workers. The application was brought before the Fair Work Commission (FWC) by the employer, and the Australian Council of Trade Unions (ACTU) intervened in support of the application. The primary dispute centred around whether the proposed agreement met the necessary standards under the Fair Work Act 2009, specifically if it provided adequate protections and benefits to the employees, and if it adhered to the principles of the National Employment Standards (NES).

The legal issues before the FWC were whether the agreement met the "better off overall test" (BOOT) and if it was fair and reasonable. The BOOT required that employees be no worse off financially and at least as well off in terms of conditions. The FWC also needed to consider if the agreement balanced the interests of both parties, including the provision of appropriate safeguards for employees.

In its decision, the FWC found that the City of Darwin Certified Agreement 2014 met the BOOT, ensuring that employees would not be worse off financially and would enjoy improved conditions in certain areas. The FWC was satisfied that the agreement was fair and reasonable, taking into account the interests of both the employer and employees. It was concluded that the agreement provided appropriate safeguards and protections for the workers, aligning with the NES and other relevant provisions of the Fair Work Act 2009.

The FWC approved the City of Darwin Certified Agreement 2014, and it became effective as of the date of the decision. The approval was based on the FWC's determination that the agreement was fair and reasonable and met the statutory requirements under the Fair Work Act 2009.

City of Darwin

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established