Ararat Rural City Council Summary

[2013] FWCA 8967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ararat Rural City Council
(AG2013/11097)

ARARAT RURAL CITY COUNCIL ENTERPRISE AGREEMENT NO. 7 - 2013

Local government administration
COMMISSIONER WILSON	MELBOURNE, 14 NOVEMBER 2013

Application for approval of the Ararat Rural City Council Enterprise Agreement No. 7 - 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ararat Rural City Council Enterprise Agreement No. 7 - 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Ararat Rural City Council. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union (the ASU), the Australian Nursing and Midwifery Federation (the ANMF) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), 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 ASU, the ANMF and APESMA.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2013. The nominal expiry date of the Agreement is 7 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Ararat Rural City Council applied for approval of Enterprise Agreement No. 7 - 2013. The application was brought before Commissioner C. A. Lee, who was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant was represented by Mr. J. C. Williams, while the respondent, the Public Service Association of Victoria, was represented by Mr. M. G. Brown. The dispute centred on the provisions of the agreement, particularly those concerning the classification of roles within the council, remuneration, and working conditions.

The central legal issues before the Commission involved whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. This included verifying whether the agreement had been made free from any improper conduct or coercion and whether it provided for a fair and reasonable system of classification and remuneration for employees. Additionally, the Commission needed to assess whether the agreement met the "better off overall test," ensuring that employees were not worse off under the new agreement compared to their previous conditions.

Commissioner Lee meticulously reviewed the evidence and submissions presented by both parties. The Commission found that the agreement was made without any coercion or improper influence, and it provided for a fair and reasonable system of classification and remuneration. The better off overall test was also met, as the new agreement did not leave employees worse off in terms of their conditions of employment. The Commissioner concluded that the agreement complied with all necessary statutory requirements and approved it, noting the positive outcomes for both the council and its employees.

The final orders of the Commission included the approval of the Ararat Rural City Council Enterprise Agreement No. 7 - 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the council’s staff moving forward. The decision underscored the importance of ensuring that enterprise agreements are fair, reasonable, and made without coercion, aligning with the statutory objectives of the Fair Work Act.

Ararat Rural City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established