West Coast Council

[2022] FWCA 482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

West Coast Council

(AG2021/9248)

West Coast Council Enterprise Agreement 2021

Local government administration
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2022

Application for approval of the West Coast Council Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the West Coast Council Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Coast 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 Australian Municipal, Administrative, Clerical and Services Union being 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 18 February 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) concerned the approval of the West Coast Council Enterprise Agreement 2021. The applicant, the West Coast Council, sought the approval of the agreement from the FWC. The respondents, including various employee unions, challenged the approval on the grounds that the agreement failed to meet the requirements of the Fair Work Act 2009. The nature of the dispute centred around the provisions of the agreement and whether they complied with the statutory obligations set out in the Act.

The legal issues before the FWC revolved around the interpretation and application of sections 228 and 230 of the Fair Work Act 2009. Specifically, the FWC needed to determine whether the agreement was a "direct replacement" of a previous enterprise agreement, and if it contained all the required minimum terms and conditions as stipulated by the Act. Furthermore, the FWC had to assess whether the agreement had been made in good faith and if it met the "better off overall test".

The FWC found that the West Coast Council Enterprise Agreement 2021 was a direct replacement of the previous agreement and contained all the necessary minimum terms and conditions. The FWC determined that the agreement had been made in good faith and passed the better off overall test. The FWC noted that the agreement provided employees with enhanced protections, including provisions for additional leave entitlements and improved redundancy payments. Consequently, the FWC approved the agreement, finding that it met all the statutory requirements under the Fair Work Act 2009.

The FWC's final orders were that the West Coast Council Enterprise Agreement 2021 was approved and came into effect from the date of the decision. The agreement was to apply to all employees covered by the previous enterprise agreement, and the FWC emphasised the importance of ongoing consultation between the parties to ensure the smooth implementation of the new agreement. The decision highlighted the FWC's commitment to facilitating fair and effective workplace agreements that benefit both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established