DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Arnhem Regional Council
(AG2017/6610)

EAST ARNHEM REGIONAL COUNCIL ENTERPRISE AGREEMENT 2016 - 2020

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 2 MAY 2018

Application for approval of the East Arhem Regional Council Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the East Arhem Regional Council Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East Arnhem Regional Council. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union and United Voice 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The East Arnhem Regional Council applied to the Fair Work Commission for approval of an enterprise agreement it had negotiated with its employees, as represented by the Community and Public Sector Union. The application was made under section 177 of the Fair Work Act 2009, which allows the Commission to approve a new enterprise agreement if it is satisfied that the agreement has been fairly negotiated and meets certain conditions, such as providing for a fair and efficient workplace. The employees of the Council opposed the approval of the agreement, arguing that it did not provide for fair and reasonable terms and conditions of employment.

The legal issues before the Commission were whether the agreement had been fairly negotiated and whether it met the requirements of the Fair Work Act. The employees argued that the agreement did not provide for adequate consultation and did not provide for reasonable terms and conditions of employment. The Council argued that the agreement had been fairly negotiated and that it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement had been fairly negotiated and that it met the requirements of the Fair Work Act. The Commission rejected the employees' argument that there had not been adequate consultation, finding that the Council had taken steps to consult with the employees and their representatives. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay and conditions that were no less favourable than those provided for in the relevant awards or in any applicable certified agreement.

The Fair Work Commission approved the East Arnhem Regional Council Enterprise Agreement 2016-2020. The Commission found that the agreement had been fairly negotiated and met the requirements of the Fair Work Act. The Commission rejected the employees' arguments that there had not been adequate consultation and that the agreement did not provide for reasonable terms and conditions of employment. The agreement will now apply to the employees of the Council for the period 2016-2020.

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