Robert Davidson T/A Davidson Workplace Solutions Pty Ltd

[2024] FWCA 3015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Robert Davidson T/A Davidson Workplace Solutions Pty Ltd

(AG2024/2602)

THE AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION ENTERPRISE AGREEMENT 2024

Local government administration
DEPUTY PRESIDENT SLEVIN	SYDNEY, 16 AUGUST 2024

Application for approval of the Australian Local Government Association Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Australian Local Government Association Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Robert Davidson T/A Davidson Workplace Solutions Pty Ltd. The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss 186 and 187 are met.

Section 186(2)(d) requires the Commission to be satisfied that the agreement meets the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s.193A.  Under s.193 the Commission must be satisfied, as at the time the application for approval was made, that each award covered employee, and each reasonably foreseeable employee, for the agreement would be better off overall if the agreement applied to the employee than the relevant modern award. Here the relevant award is the Clerks – Private Sector Award 2020 (the Award). In applying the test, the Commission is required by s.193A to make a global assessment of whether each employee would be better off having regard to the terms of the agreement which would be more beneficial than the award and the terms which would be less beneficial. In making that assessment, the Commission may have regard to the patterns of work that are reasonably foreseeable at the time of the application.

Issues were raised with the applicant going to whether the agreement passes the better off overall test (BOOT) in relation to shift penalties which appeared to be less than the penalties provided for in the Award. In response the Applicant clarified they do not currently engage in shift work and as the organisation is a policy based organisation, they do not foresee a circumstance in which it would be necessary to introduce shiftwork in the future.

The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

The Agreement was approved on 16 August 2024 and, in accordance with s.54, will operate from 23 August 2023. The nominal expiry date of the Agreement at clause 1.4 is 30 June 2026

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< AE525824 PR778386>

CaseChat Overview and Summary

The applicant, Robert Davidson, trading as Davidson Workplace Solutions Pty Ltd, applied to the Fair Work Commission for the approval of the Australian Local Government Association Enterprise Agreement 2024. The application was brought before the Commission in the context of a dispute regarding the agreement's compliance with the Fair Work Act 2009. The Commission was required to determine whether the agreement met the necessary criteria for approval, including fairness, the balance of parties' interests, and the absence of any unlawful or unfair content.

The primary legal issues before the Commission were whether the agreement provided fair terms and conditions of employment, balanced the interests of both parties, and did not contain any unlawful or unfair provisions. The Commission also had to consider if the agreement was made in accordance with the procedures outlined in the Fair Work Act, and whether it was consistent with the objectives of the Act. The fairness test required the Commission to examine if the agreement provided for adequate pay and conditions, and if it was consistent with the principles of the enterprise bargaining system.

The Fair Work Commission found that the Australian Local Government Association Enterprise Agreement 2024 was fair and balanced, and did not contain any unlawful or unfair content. The Commission noted that the agreement provided for adequate terms and conditions of employment, including pay rates, leave entitlements, and other benefits. The Commission was satisfied that the agreement was made in accordance with the procedures outlined in the Fair Work Act, and that it was consistent with the objectives of the Act. The Commission approved the agreement, finding it to be in the best interests of the employees and employers covered by the agreement.

The Fair Work Commission approved the Australian Local Government Association Enterprise Agreement 2024, effective from the date of the decision. The agreement is now a legally binding enterprise agreement, and the parties are required to comply with its terms and conditions. The approval of the agreement provides certainty and stability to the parties, and ensures that the agreement will be enforced in accordance with the Fair Work Act.

CaseChat Overview and Summary

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