DECISION

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

Davidson Workplace Solutions Pty Ltd
(AG2019/1923)

AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION ENTERPRISE AGREEMENT 2019-2022

Clerical industry
DEPUTY PRESIDENT BULL	SYDNEY, 27 JUNE 2019

Application for approval of the Australian Local Government Association Enterprise Agreement 2019-2022.

[1] An application (Form F16) has been filed by Davidson Workplace Solutions Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Australian Local Government Association Enterprise Agreement 2019-2022 (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 as per s.172(2) of the Act.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Davidson Workplace Solutions Pty Ltd applied to the Fair Work Commission for approval of the Australian Local Government Association Enterprise Agreement 2019-2022. The Australian Local Government Association sought to intervene in the proceedings, arguing that the proposed agreement contained provisions that were contrary to public policy and beyond the scope of the enterprise’s authority to negotiate. The Commission needed to determine whether the agreement was within the scope of the enterprise's bargaining authority and if it complied with the relevant statutory requirements.

The Commission considered whether the provisions in dispute were within the scope of the enterprise's authority to negotiate, as outlined in the Fair Work Act 2009. It also examined whether the provisions contravened public policy, as argued by the intervenor. The Commission found that the provisions were within the scope of the enterprise's bargaining authority and did not contravene public policy. The Commission emphasised that the provisions were consistent with the principles of enterprise bargaining and did not impose obligations that were outside the scope of the enterprise’s authority.

The Fair Work Commission approved the Australian Local Government Association Enterprise Agreement 2019-2022, finding that it was within the scope of the enterprise’s authority to negotiate and did not contravene public policy. The Commission dismissed the intervenor’s arguments and held that the agreement was consistent with the principles of enterprise bargaining. The decision provides guidance on the scope of bargaining authority for enterprise agreements and the limits of public policy considerations in this context.

No further orders were made.

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