DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Palmerston
(AG2017/1999)

THE CITY OF PALMERSTON ENTERPRISE AGREEMENT 2017

Northern Territory
COMMISSIONER GREGORY	MELBOURNE, 4 JULY 2017

Application for approval of The City of Palmerston Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The City of Palmerston 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 Palmerston. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2017. The nominal expiry date of the Agreement is 5 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Palmerston brought an application to the Fair Work Commission for approval of an enterprise agreement, the City of Palmerston Enterprise Agreement 2017. The agreement was to cover employees of the city who were members of a union. The union opposed the application on the basis that the agreement did not comply with the requirements of the Fair Work Act 2009.

The central issue before the Fair Work Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the union argued that the agreement failed to comply with the requirement that it provide for a fair and efficient resolution of workplace disputes, among other things.

The Fair Work Commission found that the agreement did not adequately provide for a fair and efficient resolution of workplace disputes. The commission held that the agreement did not establish a clear process for resolving disputes and did not provide for the timely resolution of disputes. The commission also found that the agreement did not adequately protect the rights of employees to be free from discrimination and bullying in the workplace. The commission did not approve the agreement.

The Fair Work Commission did not make any orders as the agreement was not approved.

City of Palmerston

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established