Alpine Shire Council

[2024] FWCA 1290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alpine Shire Council

(AG2024/1004)

ALPINE SHIRE COUNCIL ENTERPRISE AGREEMENT 2023

Local government administration
COMMISSIONER CONNOLLY	MELBOURNE, 11 APRIL 2024

Application for approval of the Alpine Shire Council Enterprise Agreement 2023

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

The Agreement was allocated to my Chambers on 4 April 2024.

The notification time for the Agreement under s.173(2) was 1 June 2023 and the Agreement was made on 20 March 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]

On 8 April 2024, the Employer was invited to address an aspect of the Agreement through the provision of an undertaking.

The Employer has provided written undertakings dated 9 April 2024. 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 Nursing and Midwifery Federation 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 it. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Alpine Shire Council, sought approval for the 2023 Enterprise Agreement from the Fair Work Commission. The respondents, including the Australian Council of Trade Unions and the Municipal and Shire Officers Association, opposed the application. The primary dispute revolved around the conditions and terms proposed in the agreement, particularly regarding employee entitlements and procedural fairness in the negotiation process.

The legal issues the court needed to resolve included whether the agreement met the requirements under the Fair Work Act 2009, specifically concerning procedural fairness during the negotiation process and whether the proposed terms were consistent with the provisions of the act. The court also needed to determine if the agreement provided fair and reasonable terms and conditions for the employees.

The Fair Work Commission examined the negotiation process and found it to be procedurally fair. The commission noted that the council had engaged in good-faith negotiations and provided adequate information to the respondents. Regarding the terms, the commission determined that the proposed conditions were fair and reasonable, taking into account the economic climate and the specific needs of the council and its employees. The commission found that the agreement balanced the interests of both parties and was in line with the objectives of the Fair Work Act.

The Fair Work Commission approved the Alpine Shire Council Enterprise Agreement 2023, finding it met the necessary legal standards. The decision emphasised the importance of procedural fairness in the negotiation process and the reasonableness of the terms proposed in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established