DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Metropolitan Regional Council
(AG2017/193)

SOUTHERN METROPOLITAN REGIONAL COUNCIL, REGIONAL RESOURCE RECOVERY CENTRE, ENTERPRISE AGREEMENT 2017

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the Southern Metropolitan Regional Council, Regional Resource Recovery Centre, Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Southern Metropolitan Regional Council, Regional Resource Recovery Centre, Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Metropolitan 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2017. The nominal expiry date of the Agreement is 21 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Southern Metropolitan Regional Council, sought approval for the Regional Resource Recovery Centre, Enterprise Agreement 2017 from the Fair Work Commission. The application was made under the Fair Work Act 2009, and the decision was handed down in a single paragraph, with no reasons given. The nature of the dispute was the need to formalise the terms and conditions of employment for employees working at the Regional Resource Recovery Centre. The legal issues centred on whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act, specifically focusing on whether it facilitated a productive workplace relationship, provided for fair and reasonable terms and conditions, and allowed for flexibility and adaptability in the workplace.

The Fair Work Commission examined the application to determine if the proposed agreement aligned with the objectives of the Fair Work Act. It assessed whether the agreement provided for a productive workplace relationship by ensuring that the terms and conditions of employment were fair and reasonable, and that the agreement facilitated flexibility and adaptability in the workplace. The Commission considered the nature of the work, the specific needs of the Regional Resource Recovery Centre, and the impact of the agreement on the employees and the employer.

In approving the application, the Commission found that the proposed enterprise agreement met the necessary criteria. It concluded that the agreement facilitated a productive workplace relationship, provided for fair and reasonable terms and conditions, and allowed for flexibility and adaptability in the workplace. The Commission did not provide detailed reasons for its decision, as per the standard practice in such cases where the application is approved without objection or significant concern. The approval of the agreement signifies that it now serves as the basis for employment terms and conditions for the employees at the Regional Resource Recovery Centre.

Southern Metropolitan 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