DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davidson Workplace Solutions Pty Ltd
(AG2016/998)

AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 31 MAY 2016

Application for approval of the Australian Local Government Association Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Local Government Association Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Davidson Workplace Solutions Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 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

Davidson Workplace Solutions Pty Ltd was the applicant seeking approval of an enterprise agreement, with the Australian Local Government Association serving as the respondent. The matter was heard in the Fair Work Commission. The crux of the dispute revolved around the validity and fairness of the proposed enterprise agreement, which aimed to regulate employment terms and conditions between the applicant and its employees represented by the respondent.

The central legal issues before the Commission were whether the agreement complied with the relevant statutory requirements under the Fair Work Act 2009 and whether it was made in good faith and without coercion. The Commission had to determine if the agreement met the criteria for approval, including the necessity of a majority vote of eligible employees and whether the agreement was fair and reasonable. Additionally, the Commission examined whether the process through which the agreement was formed was transparent and adhered to the principles of procedural fairness.

The Commission found that the agreement substantially complied with the statutory requirements, including the majority vote criterion. The process by which the agreement was formed was deemed to be transparent and conducted in good faith. The Commission also determined that the agreement was fair and reasonable, taking into account the economic and social context in which it was made. Consequently, the application for approval was granted, and the enterprise agreement was approved as it met the necessary legal standards.

No additional orders were made by the Commission beyond the approval of the enterprise agreement.

Davidson Workplace Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established