West Coast Council Summary

[2018] FWCA 7398

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

West Coast Council

(AG2018/3015)

West Coast Council Ltd Enterprise Agreement 2018

Local government administration
Commissioner Gregory	MELBOURNE, 5 DECEMBER 2018

Application for approval of the West Coast Council Ltd Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the West Coast Council Ltd Enterprise Agreement 2018 (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.

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 12 December 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 matter before the Fair Work Commission involved an application by West Coast Council Ltd for the approval of the Enterprise Agreement 2018. The agreement was aimed at regulating the employment conditions of its employees. The Fair Work Commission had the responsibility to determine whether the agreement met the legal requirements for approval, including ensuring it complied with the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the agreement provided for a fair and efficient workplace, met the statutory minimum entitlements, and was genuinely agreed upon by both parties. The Commission also considered the necessity for the agreement to facilitate flexibility in the workplace and whether it provided for an appropriate dispute resolution mechanism. The Commission needed to ensure the agreement did not disadvantage any employee or group of employees and was consistent with the broader objectives of the Fair Work Act.

The Commission found that the agreement substantially met the legal criteria for approval. It was determined that the agreement provided for fair and efficient employment terms, ensured compliance with statutory minimum entitlements, and was genuinely negotiated between the parties. The Commission noted that the agreement included provisions for dispute resolution and offered flexibility in the workplace, which was deemed beneficial. Furthermore, the agreement did not disadvantage any employee or group of employees and aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement 2018.

The Fair Work Commission ordered the approval of the West Coast Council Ltd Enterprise Agreement 2018, subject to the agreement being registered with the Fair Work Commission within the specified timeframe. This decision ensures that the agreement becomes legally binding and enforceable under the Fair Work Act 2009.

West Coast Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established