DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mindarie Regional Council
(AG2019/4520)

MINDARIE REGIONAL COUNCIL ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER WILLIAMS	PERTH, 15 JANUARY 2020

Application for approval of the Mindarie Regional Council Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mindarie Regional Council Enterprise Agreement 2019 (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] 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2020. The nominal expiry date of the Agreement is 19 November 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Mindarie Regional Council sought approval of the Mindarie Regional Council Enterprise Agreement 2019. The applicants argued that the agreement provided fair and reasonable terms for the employees of the Council. The Commission was required to determine whether the agreement was fair and reasonable in all its terms and conditions.

The primary legal issue before the Commission was whether the terms of the agreement met the statutory requirements under the Fair Work Act 2009. This involved assessing whether the agreement provided for minimum rates of pay, leave entitlements, and other conditions that were at least equal to or better than the relevant award or the national system of minimum wages and conditions. The Commission also considered whether the agreement had been negotiated in good faith and whether it complied with procedural requirements.

After considering the submissions and evidence presented by both parties, the Commission determined that the Mindarie Regional Council Enterprise Agreement 2019 was fair and reasonable. The Commission found that the agreement provided for terms and conditions that met or exceeded the minimum standards set by the Fair Work Act 2009 and relevant awards. The Commission also concluded that the agreement had been negotiated in good faith and complied with procedural requirements. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Mindarie Regional Council Enterprise Agreement 2019, finding it to be fair and reasonable in all its terms and conditions. The agreement was deemed to meet or exceed the minimum standards set by the Fair Work Act 2009 and relevant awards, and it was found to have been negotiated in good faith and to comply with procedural requirements.

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