DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mindarie Regional Council
(AG2016/5599)

MINDARIE REGIONAL COUNCIL ENTERPRISE AGREEMENT 2016

Local government administration industry
COMMISSIONER LEE	MELBOURNE, 29 NOVEMBER 2016

Application for approval of the Mindarie Regional Council Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mindarie Regional Council Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mindarie Regional Council. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2016. The nominal expiry date of the Agreement is 19 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the recent case of Mindarie Regional Council, the Fair Work Commission was tasked with determining the approval of the Mindarie Regional Council Enterprise Agreement 2016. The agreement in question was submitted for approval under section 232 of the Fair Work Act 2009, with the Mindarie Regional Council and the Western Australian Public Sector Union as the primary parties involved. The dispute centred around whether the agreement met the criteria for approval as stipulated in the Act.

The key legal issues that the Commission needed to address were whether the agreement was a "single interest employer agreement" and whether it complied with the good faith bargaining requirements. Additionally, the Commission had to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes and whether it included adequate protections for employees.

The Commission found that the Mindarie Regional Council Enterprise Agreement 2016 was a single interest employer agreement and that it complied with the good faith bargaining requirements. The agreement was deemed to provide for adequate mechanisms for the resolution of disputes and included appropriate protections for employees. As a result, the Commission approved the agreement, recognising that it met the necessary standards for a fair and balanced enterprise agreement under the Fair Work Act 2009.

Mindarie Regional Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established