Southern Metropolitan Regional Council

[2013] FWCA 4071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Southern Metropolitan Regional Council
(AG2013/6912)

SOUTHERN METROPOLITAN REGIONAL COUNCIL REGIONAL RESOURCE RECOVERY CENTRE ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER CLOGHAN	PERTH, 25 JUNE 2013

Application for approval of the Southern Metropolitan Regional Council Regional Resource Recovery Centre Enterprise Agreement 2013.

[1] On 11 June 2013, Southern Metropolitan Regional Council made application for approval of a single enterprise agreement to be known as the Southern Metropolitan Regional Council Regional Resource Recovery Centre Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 30 May 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking (attached) that Clause 5: Individual Flexibility includes, in subclause 5.5.1, the provisions contained in (3)(e), (4) and (5) of Schedule 2.2 of the Fair Work Regulations 2009. The undertaking also provides that the model consultation term contained in Schedule 2.3 of the Regulations is taken to form part of the agreement.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 2 July 2013.

[7] The nominal expiry date of this Agreement is 1 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Southern Metropolitan Regional Council applied for the approval of the Southern Metropolitan Regional Council Regional Resource Recovery Centre Enterprise Agreement 2013. The application involved the approval of the terms and conditions of employment for employees within the Southern Metropolitan Regional Council's Regional Resource Recovery Centre, which was set to replace the existing Enterprise Agreement. The primary issue before the court was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, including whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural fairness obligations.

The court examined the fairness and reasonableness of the proposed agreement's terms, considering various factors such as the bargaining power of the parties, the nature of the work, and the impact on employees. The court also assessed whether the agreement provided for procedural fairness, including whether the employees had an adequate opportunity to understand and comment on the proposed terms. After considering the evidence and submissions from both parties, the court found that the proposed agreement met the legal requirements for approval. The court concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that the procedural fairness obligations were met.

The court approved the Southern Metropolitan Regional Council Regional Resource Recovery Centre Enterprise Agreement 2013, which will now apply to the employees within the Southern Metropolitan Regional Council's Regional Resource Recovery Centre. The decision provides clarity on the legal requirements for approving enterprise agreements and sets a precedent for similar applications in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established