DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria Daly Regional Council
(AG2018/1497)

VICTORIA DALY REGIONAL COUNCIL ENTERPRISE AGREEMENT, 2018 - 2021

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 12 SEPTEMBER 2018

Application for approval of the Victoria Daly Regional Council Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Victoria Daly Regional Council Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Robert Davidson on behalf of Victoria Daly Regional Council. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] United Voice and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victoria Daly Regional Council was the applicant before the Fair Work Commission in relation to the approval of the Victoria Daly Regional Council Enterprise Agreement 2018 - 2021. The applicant sought to finalise a new enterprise agreement that would replace the existing agreement that had been in place since 2013. The agreement sought to establish new terms of employment for the employees of the applicant council. The application was brought by the applicant on the basis that the agreement had been negotiated in good faith, that it was free of any sham provisions, and that it satisfied the "better off overall test".

The applicant submitted that the agreement was to be approved as it contained provisions that provided for the fair and reasonable remuneration of the employees of the council, and that it contained provisions which would benefit the employees of the council. The applicant also submitted that the agreement contained provisions that would ensure that the agreement could be implemented in an efficient and effective manner. The applicant argued that the agreement contained provisions that were necessary to address the issues of high staff turnover and the need for the council to operate efficiently and effectively.

The Commission found that the agreement did not meet the better off overall test as it did not provide for a minimum 3.75% annual increase in the wages of the employees of the council. The Commission found that the agreement did not meet the better off overall test as it did not contain provisions that provided for an improvement in the terms and conditions of employment of the employees of the council. The Commission found that the agreement did not contain provisions that provided for an improvement in the remuneration of the employees of the council. The Commission found that the agreement did not contain provisions that were necessary to address the issues of high staff turnover and the need for the council to operate efficiently and effectively. The Commission found that the agreement did not meet the better off overall test as it did not provide for the fair and reasonable remuneration of the employees of the council.

The Commission refused to approve the agreement as it did not meet the better off overall test. The Commission found that the agreement did not provide for a minimum 3.75% annual increase in the wages of the employees of the council, and that the agreement did not contain provisions that provided for an improvement in the terms and conditions of employment of the employees of the council. The Commission found that the agreement did not contain provisions that provided for an improvement in the remuneration of the employees of the council. The Commission found that the agreement did not contain provisions that were necessary to address the issues of high staff turnover and the need for the council to operate efficiently and effectively. The Commission found that the agreement did not meet the better off overall test as it did not provide for the fair and reasonable remuneration of the employees of the council.

Victoria Daly 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