Mr Alex Saundry

[2013] FWCA 8489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mr Alex Saundry
(AG2013/9836)

EAST ARNHEM SHIRE COUNCIL ENTERPRISE AGREEMENT 2013 - 2016

Northern Territory
VICE PRESIDENT LAWLER	SYDNEY, 28 OCTOBER 2013

Application for approval of the East Arnhem Shire Council Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the East Arnhem Shire Council Enterprise Agreement 2013 - 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Mr Alex Saundry. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The United Voice Northern Territory Branch 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) of the Act I note that the Agreement covers this organisation.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Mr Alex Saundry, who filed an application for approval of the East Arnhem Shire Council Enterprise Agreement 2013-2016. The agreement was in question due to its content and the process by which it was reached. The matter was heard in the Fair Work Commission, a tribunal under Australian federal law, responsible for resolving workplace disputes and promoting cooperative relationships between employers and employees.

The legal issues before the Commission centred on whether the agreement was appropriately reached and whether it complied with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely negotiated and if it met the criteria for approval under the Act, including whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission examined the process of the agreement's formation and whether it was consistent with good faith bargaining practices.

The Fair Work Commission found that the agreement was not genuinely negotiated as required by the Act. The Commission highlighted several procedural flaws in the negotiation process, including a lack of genuine consultation and failure to make a reasonable effort to reach an agreement. Consequently, the application for approval was dismissed. The Commission emphasised that genuine negotiation and good faith are fundamental to the integrity of the enterprise agreement process. The tribunal underscored the importance of adhering to these principles to ensure fair and reasonable terms for all parties involved.

The Fair Work Commission dismissed the application for approval of the East Arnhem Shire Council Enterprise Agreement 2013-2016. The decision highlighted the necessity for genuine negotiation and adherence to good faith practices in the formation of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established