DECISION

Fair Work Act 2009
s.185—Enterprise agreement

District Council of Karoonda East Murray
(AG2021/5445)

DISTRICT COUNCIL OF KAROONDA EAST MURRAY ENTERPRISE AGREEMENT NO. 11 OF 2021

Local government administration
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 JUNE 2021

Application for approval of the District Council of Karoonda East Murray Enterprise Agreement No. 11 of 2021.

[1] An application has been made for approval of an enterprise agreement known as the District Council of Karoonda East Murray Enterprise Agreement No. 11 of 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (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. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to subsection 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Pursuant to subsection 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.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the District Council of Karoonda East Murray sought approval for Enterprise Agreement No. 11 of 2021. The agreement sought to regulate employment terms and conditions for council employees, and the applicant argued that the terms were necessary to facilitate efficient and effective operations. The dispute arose as some employee representatives contested certain provisions, claiming they did not adequately protect employees' rights and interests.

The primary legal issues before the Commission included whether the proposed terms and conditions complied with the Fair Work Act 2009, and whether the agreement facilitated a productive workplace while ensuring fair treatment of employees. Additionally, the Commission examined if the agreement provided sufficient protections and safeguards for employees, and whether any provisions unfairly disadvantaged certain employee groups.

In rendering its decision, the Commission carefully reviewed the proposed agreement against the statutory framework provided by the Fair Work Act. The Commission noted that the agreement contained provisions that aligned with the legislative objectives of promoting cooperative relationships and fair treatment in the workplace. It found that the terms were designed to enhance operational efficiency while preserving essential employee protections. After considering submissions from both parties, the Commission concluded that the agreement did not unfavorably impact employees and thus approved the proposed terms and conditions.

The Fair Work Commission granted approval for the District Council of Karoonda East Murray Enterprise Agreement No. 11 of 2021, effective from the date of the decision. The Commission's approval signified that the agreement met the necessary statutory requirements and balanced the interests of both the council and its employees.

District Council of Karoonda East Murray

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established