Dorset Council Summary

[2023] FWCA 5

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dorset Council

(AG2022/4978)

DORSET COUNCIL ENTERPRISE AGREEMENT 2022.

Local government administration
COMMISSIONER WILSON	MELBOURNE, 3 JANUARY 2023

Application for approval of the Dorset Council Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Dorset Council Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dorset Council. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Dorset Council, sought approval of the Dorset Council Enterprise Agreement 2022 from the Fair Work Commission. This agreement was intended to regulate the employment conditions of approximately 300 employees within the council. The primary dispute centred on whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the criteria for being a “better off overall test” (BOOT) agreement. The Fair Work Commission, presided over by Commissioner McGaughey, was tasked with determining these issues.

The legal issues before the Commission involved scrutinising the fairness and reasonableness of the terms of the agreement, particularly regarding pay rates, working conditions, and other employment-related benefits. The Commission also needed to assess whether the agreement was genuinely negotiated and whether it offered a BOOT compared to the applicable award or previous agreements. Additionally, the Commission had to ensure that the agreement complied with the statutory requirements of the Fair Work Act.

The Commission, after a thorough examination, found that the Dorset Council Enterprise Agreement 2022 was fair and reasonable, meeting the statutory criteria. The agreement was deemed to have been genuinely negotiated, and it provided a BOOT for the employees involved. The Commission was satisfied that the agreement did not contravene any provisions of the Fair Work Act and met all necessary legislative requirements. Consequently, the Commission approved the agreement, finding it to be in compliance with the relevant statutory framework and beneficial to the employees.

Dorset Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established