Application by Central Highlands Council T/A Central Highlands Council Summary

[2024] FWCA 1066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Application by Central Highlands Council T/A Central Highlands Council

(AG2024/753)

CENTRAL HIGHLANDS COUNCIL ENTERPRISE AGREEMENT 2023

Local government administration
DEPUTY PRESIDENT WRIGHT	SYDNEY, 26 MARCH 2024

Application for approval of the Central Highlands Council Enterprise Agreement 2023

Introduction

Central Highlands Council T/A Central Highlands Council (the Employer) has made an application for approval of an enterprise agreement known as the Central Highlands Council Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer 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.

Sections 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Australian Municipal, Administrative, Clerical and Services Union (ASU), 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 ASU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2024. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Central Highlands Council, trading as Central Highlands Council, applied to the Fair Work Commission for approval of the Central Highlands Council Enterprise Agreement 2023. The application was made under the Fair Work Act 2009, which governs enterprise agreements in Australia. The primary dispute centred on whether the proposed agreement met the legal requirements for approval, including fairness, efficiency, and compliance with legislative standards.

The legal issues before the Commission included whether the agreement provided for adequate minimum rates of pay and conditions, whether it appropriately balanced the interests of the employees and the employer, and whether it complied with any relevant industrial instruments. Additionally, the Commission needed to assess if the agreement contained any clauses that could be considered unfair or detrimental to the employees.

In reaching its decision, the Commission examined the terms of the proposed agreement and considered submissions from both the employer and the employee representatives. The Commission noted that the agreement provided for reasonable minimum rates of pay and included provisions for overtime and penalty rates that aligned with industry standards. The Commission also found that the agreement appropriately balanced the interests of the employer and employees, ensuring that it was fair and efficient. The agreement was deemed compliant with relevant industrial instruments and did not contain any clauses that could be considered unfair.

Following its analysis, the Commission approved the Central Highlands Council Enterprise Agreement 2023. The approval was granted on the basis that the agreement met all legal requirements for enterprise agreements under the Fair Work Act 2009. The decision was communicated to the parties, and the agreement was set to commence on the specified date, providing a framework for the employment relationship between the Council and its employees.

Application by Central Highlands Council T/A Central Highlands Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established