DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria Daly Regional Council
(AG2015/6063)

VICTORIA DALY REGIONAL COUNCIL ENTERPRISE AGREEMENT 2015-2017

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 25 NOVEMBER 2015

Application for approval of the Victoria Daly Regional Council Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Victoria Daly Regional Council Enterprise Agreement 2015-2017 (“the Agreement”). The application has been made by Victoria Daly Regional Council (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters, including an undertaking to bring the annualised salary arrangements into better conformity with the equivalent provision in the relevant modern award (c.f. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Australian Manufacturing Workers' Union v Main People Pty Ltd[2015] FWCFB 4467). The views of the bargaining representatives were sought in relation to the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Australian Services Union SA & NT Branch and United Voice Northern Territory Branch have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Victoria Daly Regional Council, sought approval of its 2015-2017 Enterprise Agreement from the Fair Work Commission. The application was made under section 232 of the Fair Work Act 2009, which allows for the registration of an enterprise agreement where the prescribed requirements are met. The matter was heard by Commissioner J S Smith in the Fair Work Commission.

The central legal issue before the Commission was whether the Enterprise Agreement met all the necessary criteria for registration under the Fair Work Act. This included assessing whether the agreement contained minimum terms and conditions of employment, and whether the agreement was the product of genuine bargaining between the employer and the employees. The Commission also had to determine if the agreement was in the best interests of the employees.

Commissioner Smith determined that the Enterprise Agreement satisfied all the criteria for registration. The agreement provided for minimum terms and conditions of employment and was the result of genuine bargaining between the employer and the employees. Furthermore, the agreement was in the best interests of the employees as it provided for fair and reasonable terms of employment, including provisions for leave, superannuation, and other benefits. The Commission concluded that the agreement met the statutory requirements and approved the application for registration.

The Fair Work Commission approved the Victoria Daly Regional Council Enterprise Agreement 2015-2017, registering it under section 171 of the Fair Work Act. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the employees of the Victoria Daly Regional Council for the duration of the agreement.

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