DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Metropolitan Regional Council
(AG2021/4530)

SOUTHERN METROPOLITAN REGIONAL COUNCIL REGIONAL RESOURCE RECOVERY CENTRE ENTERPRISE AGREEMENT 2021

Waste management industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 APRIL 2021

Application for approval of the Southern Metropolitan Regional Council Regional Resource Recovery Centre Enterprise Agreement 2021.

[1] Southern Metropolitan Regional Council has made an application for the approval of an enterprise agreement known as the Southern Metropolitan Regional Council Regional Resource Recovery Centre Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 20 April 2021and, in accordance with s 54, will operate from 27 April 2021. The nominal expiry date of the Agreement is 20 April 2025.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Southern Metropolitan Regional Council was the applicant in the Fair Work Commission, seeking approval of the Regional Resource Recovery Centre Enterprise Agreement 2021. The applicant argued that the agreement contained all the necessary elements to be approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval by the Fair Work Commission.

The primary legal issue was whether the agreement complied with the Fair Work Act 2009, specifically concerning the procedural fairness and the inclusion of essential terms. The Commission had to determine if the agreement included all the mandatory provisions as per the Act and if it was made in good faith and without coercion. Furthermore, the Commission had to consider if the process followed in reaching the agreement was fair and if the agreement was properly negotiated.

The Fair Work Commission found that the agreement was comprehensive and contained all necessary terms required by the Fair Work Act. The Commission was satisfied that the agreement was made in good faith, without coercion, and that the negotiation process was fair. The Commission also noted that the agreement addressed all mandatory provisions and included necessary protections for employees. Therefore, the Commission approved the agreement, finding it to be compliant with all legal requirements.

The Fair Work Commission approved the Regional Resource Recovery Centre Enterprise Agreement 2021, determining that it met all statutory requirements and was fairly negotiated. The Commission's decision confirmed that the agreement was comprehensive, contained all necessary terms, and was made in good faith without coercion.

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