DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Arnhem Regional Council
(AG2021/6740)

EAST ARNHEM REGIONAL COUNCIL ENTERPRISE AGREEMENT 2021

Local government administration
COMMISSIONER HUNT	BRISBANE, 6 SEPTEMBER 2021

Application for approval of the East Arnhem Regional Council Enterprise Agreement 2021.

[1] East Arnhem Regional Council (the Employer) has applied for approval of an enterprise agreement known as the East Arnhem Regional Council Enterprise Agreement 2021 (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.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee representatives, the United Workers’ Union (UWU), and the Australian Municipal, Administrative, Clerical and Services Union (ASU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The ASU advised that it did not object to approval of the Agreement with undertakings. No other views were provided.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The UWU and ASU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU and the ASU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the East Arnhem Regional Council, which sought approval for its 2021 Enterprise Agreement. The application was brought before the Fair Work Commission to determine whether the proposed agreement met the statutory requirements and was in the best interests of the employees. The Commission was tasked with examining the agreement to ensure that it complied with the relevant legislative framework, including the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issues before the Commission were whether the agreement provided fair and reasonable terms and conditions for the employees, and if the negotiation process was conducted in good faith and without coercion. The Commission had to assess if the agreement was genuinely negotiated, whether it included provisions that were not materially detrimental to the employees, and if the agreement was approved through the appropriate procedural steps.

The Commission found that the agreement met all the necessary criteria. The terms and conditions were deemed fair and reasonable, with no evidence of coercion or bad faith in the negotiation process. The agreement contained provisions that were not materially detrimental to the employees and was approved through the correct procedural steps. Consequently, the Commission approved the East Arnhem Regional Council Enterprise Agreement 2021.

No further orders were made by the Commission. The decision affirmed the validity of the agreement and its compliance with the Fair Work Act and Regulations. This decision serves as a precedent for similar applications in the future, reinforcing the importance of fair and transparent negotiation processes in the creation of enterprise agreements.

East Arnhem Regional Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established