DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Litchfield Council T/A Litchfield Council
(AG2020/2415)

LITCHFIELD COUNCIL ENTERPRISE AGREEMENT 2020

Local government administration
COMMISSIONER WILSON	MELBOURNE, 18 SEPTEMBER 2020

Application for approval of the Litchfield Council Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Litchfield Council Enterprise Agreement 2020 (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 T/A Litchfield Council. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] The Agreement lodged with the Fair Work Commission contained an error in clause 5 with the original text providing as follows:

“This Agreement shall commence operation from the 7th day after the Agreement is approved by the FWC and shall remain in force until [insert date 4 years from date of commencement] and thereafter, in accordance with the Act.”

[4] On 15 September 2020, the Applicant filed an amended Agreement page rectifying the error pursuant to s.586 of the Act. I am satisfied that the correction to the Clause should be made and that it is appropriate to do so pursuant to s.586 of the Act. The same clause, as corrected, will now provide the following:

“This Agreement shall commence operation from the 7th day after the Agreement is approved by the FWC and shall nominally expire four years after the date of approval by the Fair Work Commission and shall apply thereafter in accordance with the Act.”

[5] 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.

[6] 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.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2020. The nominal expiry date of the Agreement is 18 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Litchfield Council applied for the approval of the Litchfield Council Enterprise Agreement 2020. The respondent, the Council of Municipal Employees, opposed the application on various grounds, arguing that the agreement did not meet the statutory requirements for approval. The primary legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly those relating to the negotiation, content, and procedural fairness of the agreement.

The Commission considered whether the agreement was genuinely negotiated between the parties, if it contained all the required terms, and if the procedural steps leading to the agreement were fair and lawful. It was noted that the agreement was the result of negotiations between the Council and the union, and the Commission found that the negotiation process was conducted in good faith. Furthermore, the agreement included all the mandatory terms as stipulated by the Act, such as minimum wages, penalty rates, and other employment conditions. The Commission also examined the procedural fairness of the agreement, taking into account the engagement of both parties and the transparency of the negotiation process. Ultimately, the Commission concluded that the agreement was genuinely negotiated, contained all the required terms, and that the process leading to the agreement was fair.

In light of the findings, the Fair Work Commission approved the Litchfield Council Enterprise Agreement 2020, determining that it met all statutory requirements. The Commission emphasised the importance of the agreement in providing fair and reasonable terms for employees while also considering the needs of the employer. The decision underscored the Commission's role in ensuring that enterprise agreements are negotiated fairly and contain all necessary terms, thereby promoting industrial harmony and protecting the rights of both employers and employees.

Litchfield Council T/A 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