DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norfolk Island Regional Council
(AG2018/279)

NORFOLK ISLAND REGIONAL COUNCIL ENTERPRISE AGREEMENT 2018

Local government administration
COMMISSIONER WILSON	MELBOURNE, 15 MAY 2018

Application for approval of the Norfolk Island Regional Council Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Norfolk Island Regional Council Enterprise Agreement 2018 (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] 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.202(4) of the Act, the model flexibility 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 22 May 2018. The nominal expiry date of the Agreement is 21 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Norfolk Island Regional Council to approve the Norfolk Island Regional Council Enterprise Agreement 2018. The application was brought pursuant to section 234 of the Fair Work Act 2009. The nature of the dispute centred around whether the agreement met the statutory requirements for approval by the Commission.

The legal issues the court needed to determine included whether the agreement contained the mandatory terms prescribed by the Act, and if the agreement had been genuinely negotiated between the parties. Additionally, the court needed to assess if the agreement complied with the "better off overall test" as stipulated by the Fair Work Act.

In its decision, the Fair Work Commission found that the agreement did indeed contain the mandatory terms required by the Act. It was also determined that the agreement had been genuinely negotiated between the employer and the employees. Furthermore, the Commission concluded that the agreement satisfied the better off overall test. Consequently, the Commission approved the agreement as a registered agreement under section 176 of the Act.

As a result of the decision, the Norfolk Island Regional Council Enterprise Agreement 2018 was approved and registered by the Fair Work Commission. This approval means that the terms and conditions set out in the agreement are now legally binding on both the employer and the employees.

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