DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Christmas Island
(AG2015/3711)

SHIRE OF CHRISTMAS ISLAND - UNION OF CHRISTMAS ISLAND WORKERS ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER LEE	MELBOURNE, 13 JULY 2015

Application for approval of the Shire of Christmas Island - Union of Christmas Island Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Christmas Island - Union of Christmas Island Workers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shire of Christmas Island. 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Union of Christmas Island Workers 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.

[7] The Agreement was approved on 13 July 2015 and, in accordance with s.54, will operate from 20 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Shire of Christmas Island applied for approval of the Union of Christmas Island Workers Enterprise Agreement 2014, which had been entered into between the Shire and the Union. The dispute was heard in the Fair Work Commission. The main legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement.

The Commission examined the provisions of the agreement, including the terms and conditions of employment, the processes for resolving disputes, and the mechanisms for employee representation. The Commission also considered submissions from both the Shire and the Union, as well as the views of the employees affected by the agreement. The Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions of employment, and it included mechanisms for resolving disputes and ensuring that employees were represented in the workplace.

The Commission approved the Union of Christmas Island Workers Enterprise Agreement 2014, subject to certain conditions. The Shire and the Union were required to provide the Commission with a copy of the agreement once it had been signed by the necessary parties. The agreement was to be registered with the Commission and made available to employees and other interested parties. The Commission also made an order that the agreement would commence on a specified date and would remain in force for a period of four years, subject to the parties negotiating a new agreement before the end of that period.

The Commission's decision was based on a careful consideration of the evidence and submissions before it. The Commission found that the agreement was fair and reasonable and provided for the proper management of the workplace. The Commission also noted that the agreement had been negotiated in good faith and reflected the views of both the Shire and the Union. The final orders of the Commission approved the agreement and set out the conditions for its operation.

Shire of Christmas Island

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established