DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Litchfield Council
(AG2017/3718)

LITCHFIELD COUNCIL ENTERPRISE AGREEMENT 2017

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 30 OCTOBER 2017

Application for approval of the Litchfield Council Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Litchfield Council Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Litchfield 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 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2017. The nominal expiry date of the Agreement is 11 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Litchfield Council, sought approval of the Litchfield Council Enterprise Agreement 2017. The respondents, including various union entities, argued against the approval, contending that the agreement was unfair and did not adequately reflect the terms and conditions of employment for council employees. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed agreement was procedurally fair and substantively fair. Procedural fairness involved examining whether the proper process was followed in reaching the agreement, while substantive fairness involved whether the agreement contained terms and conditions that were fair and reasonable. The Commission also considered whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

In assessing procedural fairness, the Commission found that the applicant had followed the necessary steps in negotiating the agreement, including good faith bargaining and providing adequate information to the respondents. Regarding substantive fairness, the Commission determined that the agreement's terms and conditions were reasonable and did not unjustifiably disadvantage the employees. The Commission further held that the agreement complied with the statutory requirements set out in the Fair Work Act 2009. As a result, the Commission approved the Litchfield Council Enterprise Agreement 2017.

The Commission ordered that the Litchfield Council Enterprise Agreement 2017 be approved and registered. The agreement was to be binding on all employees covered by it, and the applicant was directed to take all necessary steps to implement the agreement. The respondents were given the right to apply for a review of the decision within 21 days of the decision being made.

Litchfield Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established