Kentish Council

[2013] FWCA 5031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kentish Council
(AG2013/7244)

KENITSH COUNCIL ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER LEE	MELBOURNE, 26 JULY 2013

Application for approval of the Kentish Council Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kentish Council Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Kentish Council. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.202(2) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 2 August 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Kentish Council Enterprise Agreement 2013. The matter was brought before the Commission by the Australian Education, Office and Industrial Union (AEOU) seeking approval of the proposed agreement. The Kentish Council and the AEOU were parties to the agreement, which sought to establish terms and conditions of employment for certain employees of the council.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for genuine bargaining, was free from any coercion, undue influence, and was made in good faith. Furthermore, the agreement had to ensure that it did not unfairly discriminate against any group of employees and provided for the protection of employees' rights and interests.

In examining the evidence and submissions, the Commission found that the agreement had been genuinely bargained, free from any coercion or undue influence, and made in good faith. The Commission noted that the process involved both parties engaging in meaningful negotiations and reaching a consensus on the terms and conditions of employment. The agreement was also found to be fair and balanced, taking into account the needs and interests of both parties. The Commission was satisfied that the proposed agreement did not unfairly discriminate against any group of employees and provided for the protection of employees' rights and interests.

The Fair Work Commission approved the Kentish Council Enterprise Agreement 2013, determining that it met the criteria for approval under the Fair Work Act 2009. The agreement was deemed to provide for genuine bargaining, was free from any coercion, undue influence, and was made in good faith. Furthermore, the agreement was found to be fair and balanced, taking into account the needs and interests of both parties, and did not unfairly discriminate against any group of employees. The agreement was approved and will now form the basis of the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established