Katherine Town Council Summary

[2021] FWCA 6223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Katherine Town Council
(AG2021/7526)

KATHERINE TOWN COUNCIL ENTERPRISE AGREEMENT 2021-2025

Local government administration
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 11 OCTOBER 2021

Application for approval of the Katherine Town Council Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the Katherine Town Council Enterprise Agreement 2021-2025 (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] The United Workers Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 October 2021. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Katherine Town Council applied for the approval of the Katherine Town Council Enterprise Agreement 2021-2025. The agreement was entered into between the council and its employees represented by the Australian Services Union. The application was made under the Fair Work Act 2009, seeking to have the agreement registered and made binding on the employees, the council, and any successors to the council.

The legal issues before the commission involved whether the agreement met the requirements for approval under the Fair Work Act, including compliance with the minimum entitlements and the "better-off overall test." The commission had to consider whether the agreement provided for terms and conditions that were at least as favourable as the applicable awards or the general industrial awards. Additionally, the commission had to determine whether the employees were genuinely better off overall under the agreement compared to their existing conditions.

The commission examined the provisions of the agreement and found that it contained all the necessary minimum terms and conditions as required by the Fair Work Act. It was also established that the agreement provided for terms and conditions that were at least as favourable as the applicable awards. Furthermore, the commission determined that the employees were genuinely better off overall under the agreement, as it provided for improved wages, leave provisions, and other benefits. Therefore, the commission approved the Katherine Town Council Enterprise Agreement 2021-2025, making it binding on the employees, the council, and any successors to the council.

Katherine Town Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established