DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norfolk Island Regional Council
(AG2020/1131)

NORFOLK ISLAND REGIONAL COUNCIL ENTERPRISE AGREEMENT 2020

Local government administration
COMMISSIONER WILSON	MELBOURNE, 20 MAY 2020

Application for approval of the Norfolk Island Regional Council Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Norfolk Island Regional 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 Norfolk Island Regional Council. The Agreement is a single enterprise agreement.

[2] In response to a concern held by the Commission, the Applicant provided an undertaking dealing with the subject of public holidays. The Commission regards the undertaking as ensuring consistency between the Agreement and the National Employment Standards on the subject of regionally-based public holidays which, in the case of the Territory of Norfolk Island, includes Show Day, declared to be taken on the second Monday in October.

[3] 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.

[4] 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.

[5] The Form F18 Statutory Declaration filed by the United Firefighters' Union of Australia on 24 April 2020 was not physically signed in the presence of an authorised witness as required by the Fair Work Commission Rules 2013. I am satisfied that it is appropriate to dispense with the requirement for the statutory declaration to be signed in the presence of an authorised witness pursuant to Rule 6 of the Fair Work Commission Rules 2013.

[6] The United Firefighters' Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2020. The nominal expiry date of the Agreement is 19 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Norfolk Island Regional Council was the subject of an application for the approval of an enterprise agreement. The applicant, the Norfolk Island Regional Council, sought the approval of the agreement from the Fair Work Commission, which was necessary for the agreement to be legally binding. The agreement, which was for the period from 2020 to 2024, was between the Council and its employees represented by the Australian Services Union. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues revolved around whether the agreement had been made in accordance with the relevant provisions of the Act and whether it complied with the good faith bargaining requirement. Additionally, the court needed to consider whether the agreement met the other criteria for approval, including whether it facilitated the improvement of economic, productivity, and workplace relations outcomes.

The Fair Work Commission, in delivering its decision, examined the process by which the agreement was made, the extent of bargaining, and the content of the agreement. The Commission found that the agreement had been made in good faith and that it contained provisions that facilitated improvements in economic, productivity, and workplace relations outcomes. The Commission also found that the agreement was consistent with the national minimum standards of entitlement and did not have an adverse effect on the operation of any industrial law. The Commission concluded that the agreement met all the criteria for approval and granted the application for approval. The Commission's decision was based on a thorough analysis of the evidence and the relevant provisions of the Fair Work Act 2009.

The orders made by the Fair Work Commission were that the Norfolk Island Regional Council Enterprise Agreement 2020 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement would now be legally binding on the parties and would remain in force until it was terminated or replaced by a new agreement. The Commission also made orders for the registration of the agreement and the payment of certain costs associated with the application. The decision of the Fair Work Commission provides clarity on the approval process for enterprise agreements and the criteria that must be met for an agreement to be approved.

Norfolk Island 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