DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alpine Shire Council
(AG2016/6811)

ALPINE SHIRE COUNCIL ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER LEE	MELBOURNE, 9 DECEMBER 2016

Application for approval of the Alpine Shire Council Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Alpine Shire Council Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alpine Shire Council. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union and Australian Nursing and Midwifery Federation 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2016. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Alpine Shire Council, which sought approval for its Enterprise Agreement 2016. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal. The matter hinged on whether the proposed agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for a single interest enterprise agreement, including whether it was made in good faith and whether it provided for the resolution of disputes. The Commission also considered whether the agreement adequately addressed the interests of employees, particularly in terms of pay and conditions.

The Commission examined the process by which the agreement was negotiated, scrutinising whether both parties had genuinely attempted to reach an agreement and whether the agreement reflected a fair and equitable outcome for employees. It also assessed the specific provisions of the agreement against relevant industrial instruments and awards, ensuring that the agreement did not unjustifiably disadvantage employees. The Commission paid particular attention to the dispute resolution mechanisms outlined in the agreement and their effectiveness in addressing workplace conflicts. Ultimately, the Commission concluded that the proposed agreement was made in good faith and met the legislative requirements for approval.

Having considered all the evidence and submissions, the Commission determined that the Alpine Shire Council Enterprise Agreement 2016 was fair and reasonable. It found that the agreement was consistent with the statutory criteria and did not unjustifiably harm the employees' interests. The Commission approved the agreement, highlighting the importance of effective negotiation processes and the need for agreements to provide for the fair and efficient resolution of workplace disputes. The approval of the agreement ensures that it will now form the basis for the employment conditions of the council's staff, reflecting a balanced consideration of the interests of both the employer and the employees.

Alpine Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established