Waratah-Wynyard Council

[2022] FWCA 2557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Waratah-Wynyard Council

(AG2022/1634)

Waratah-Wynyard Council Enterprise Agreement 202

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JULY 2022

Application for approval of the Waratah-Wynyard Council Enterprise Agreement 2022

An application has been made by Waratah-Wynyard Council pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Waratah-Wynyard Council Enterprise Agreement 2022 (the Agreement).

The employer has provided written undertakings. A copy of each undertaking is attached in the annexures. 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 terms 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 Australian Municipal, Administrative, Clerical and Services Union, a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The Waratah-Wynyard Council sought approval of its Enterprise Agreement 2022 from the Fair Work Commission. The application was brought by the employer, and the relevant union opposed the application. The dispute centred around whether the proposed terms of the agreement were fair and reasonable, taking into account the various statutory factors that the Commission must consider under the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the criteria for being deemed "registered" under the legislation.

The primary legal issue before the Commission was whether the proposed terms of the Enterprise Agreement 2022 were fair and reasonable in all their aspects. The Commission had to consider a number of statutory factors, including the financial circumstances of the employer, the need to maintain and improve productivity and efficiency, the need to facilitate flexibility in the workplace, and the need to ensure fairness for all employees. The Commission also had to consider the views of the relevant union and the employees who were affected by the agreement.

The Commission found that the proposed terms of the Enterprise Agreement 2022 were fair and reasonable. The employer had demonstrated that the agreement was necessary to maintain and improve productivity and efficiency, and to facilitate flexibility in the workplace. The Commission also found that the agreement provided for fair treatment of employees, and took into account their views and the views of the relevant union. The Commission was satisfied that the agreement met all the statutory criteria for being deemed "registered" under the Fair Work Act 2009.

The Fair Work Commission approved the Waratah-Wynyard Council Enterprise Agreement 2022, and registered it under the Fair Work Act 2009. The agreement is now legally binding on the employer and the employees covered by the agreement. The Commission's decision provides certainty for both the employer and the employees, and ensures that the agreement is fair and reasonable in all its aspects.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established