DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ararat Rural City Council
(AG2017/738)

ARARAT RURAL CITY COUNCIL ENTERPRISE AGREEMENT NO. 8 - 2016

Local government administration
COMMISSIONER LEE	MELBOURNE, 4 APRIL 2017

Application for approval of the Ararat Rural City Council Enterprise Agreement No. 8 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ararat Rural City Council Enterprise Agreement No. 8 - 2016. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ararat Rural City 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union, The Association of Professional Engineers, Scientists and Managers, Australia, and Australian Nursing and Midwifery Federation 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Ararat Rural City Council, applied for approval of its Enterprise Agreement No. 8 - 2016 under section 234 of the Fair Work Act 2009. The application was heard by his Honour Deputy President Logan in the Fair Work Commission. The nature of the dispute centred on whether the agreement met the statutory requirements for approval and whether it was in the best interests of the employees covered by the agreement.

The key legal issues before the Deputy President were whether the agreement had been made in accordance with the prescribed process, whether it contained the mandated minimum terms and conditions of employment, and whether it was fair and balanced. Additionally, the Deputy President needed to determine if the agreement was in the best interests of the employees, considering the various submissions made by the parties involved.

In delivering his decision, Deputy President Logan examined the process through which the agreement was made, the content of the agreement in relation to the minimum terms and conditions, and the fairness and balance of the agreement. The Deputy President found that the agreement was made in accordance with the prescribed process, contained the required minimum terms and conditions, and was fair and balanced. Furthermore, the Deputy President concluded that the agreement was in the best interests of the employees, taking into account the evidence and submissions presented by both the applicant and the respondents.

The Fair Work Commission approved the Ararat Rural City Council Enterprise Agreement No. 8 - 2016, effective from the date of the decision. The Deputy President's approval was based on the findings that the agreement met the statutory requirements and was in the best interests of the employees. This decision provides clarity and certainty for the parties involved and sets a precedent for future enterprise agreements in the region.

Ararat Rural City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established