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Case [2024] FWCA 4489

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[2024] FWCA 4489

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Litchfield Council

(AG2024/4694)

LITCHFIELD COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration
DEPUTY PRESIDENT O'KEEFFE	PERTH, 24 DECEMBER 2024

Application for approval of the Litchfield Council Enterprise Agreement 2024 – correction to decision – removal of paragraph 4

The decision issued by the Fair Work Commission on 13 December 2024 [[2024] FWCA 4489, AE527243] is corrected as follows:

Paragraph 4 of the decision will be amended to state the following
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Litchfield Council [2024] FWCA 4489
Case: [2024] FWCA 4489
Decision Date: 24 DECEMBER 2024

CaseChat Overview and Summary

In the case of the Fair Work Commission, the applicant, Litchfield Council, sought approval for the Litchfield Council Enterprise Agreement 2024. The dispute involved the procedural and substantive fairness of the proposed agreement under the Fair Work Act 2009. The Deputy President of the Fair Work Commission, O'Keeffe, presided over the matter in Perth.

The primary legal issues the court needed to address were whether the agreement met the statutory requirements for approval, specifically in terms of procedural fairness as outlined in sections 186, 187, and 188 of the Act. The court had to determine if the agreement was negotiated in good faith and if it provided for appropriate terms and conditions for the employees covered by the agreement.

In its reasoning, the court noted that the original decision had contained an error in stating that the requirements of sections 186, 187, and 188 had been met. The Deputy President corrected this oversight, clarifying that the court was satisfied that all relevant statutory requirements for approval had indeed been fulfilled. The court emphasised the importance of accurately reflecting the legal standards met in the approval process.

The final order of the court was to amend the previous decision to correctly reflect the satisfaction of all relevant statutory requirements for the approval of the Litchfield Council Enterprise Agreement 2024. The correction ensured that the record accurately represented the court's findings concerning the compliance of the agreement with the Fair Work Act 2009.

Orders