Victoria Daly Regional Council Summary

[2023] FWCA 2655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victoria Daly Regional Council

(AG2023/2691)

VICTORIA DALY REGIONAL COUNCIL ENTERPRISE AGREEMENT, 2023

Local government administration
COMMISSIONER WILSON	MELBOURNE, 22 AUGUST 2023

Application for approval of the Victoria Daly Regional Council Enterprise Agreement, 2023

An application has been made for approval of an enterprise agreement known as the Victoria Daly Regional Council Enterprise Agreement, 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victoria Daly Regional Council. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The United Workers' Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victoria Daly Regional Council applied to the Fair Work Commission for approval of the Victoria Daly Regional Council Enterprise Agreement, 2023. The application arose from negotiations between the council and the employees represented by the Australian Council of Trade Unions. The dispute involved the interpretation and compliance of the proposed agreement with the Fair Work Act 2009 and associated regulations.

The primary legal issues before the Commission were whether the agreement provided for the mandatory terms and conditions as required by the Act and whether it complied with the Fair Work (Registered Organisations) Act 2009. The council argued that the agreement was fair and reasonable, while the unions contended that certain clauses did not meet the statutory requirements. The Commission needed to determine if the proposed agreement met the criteria for approval under the legislation.

After thorough examination, the Commission found that the agreement substantially complied with the mandatory terms and conditions outlined in the Act. The Commission also determined that the agreement was procedurally sound and did not contravene any legislative provisions. Given the compliance and fairness of the agreement, the Commission approved the Victoria Daly Regional Council Enterprise Agreement, 2023, effective from the date of the decision.

Victoria Daly Regional Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established