Ararat Rural City Council Summary

[2022] FWCA 2326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ararat Rural City Council

(AG2022/2094)

Ararat Rural City Council Enterprise Agreement No. 9 – 2021

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 JULY 2022

Application for approval of the Ararat Rural City Council Enterprise Agreement No. 9 – 2021.

An application has been made for approval of an enterprise agreement known as the Ararat Rural City Council Enterprise Agreement No. 9 – 2021 (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.

The Employer 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. 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.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Australian Municipal, Administrative, Clerical and Services Union and the 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

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. 9 – 2021 under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, presided over by Deputy President M. J. Richardson. The agreement, which concerns the terms and conditions of employment for council staff, was challenged by the applicant on the grounds that it did not meet the criteria for approval as set out in the Act. The key issue before the court was whether the agreement met the requirements of the legislation, including whether it complied with the Fair Work (Transition to Employment) Regulations 2015 and was procedurally sound.

The court examined whether the agreement was certified as "bargained in good faith" and if it had been properly negotiated. The applicant argued that the process followed in reaching the agreement was appropriate and that all procedural steps were correctly adhered to. The court also assessed whether the agreement contained all the mandatory terms and conditions as prescribed by the Act. The court found that the agreement was indeed negotiated in good faith and that the procedural requirements were satisfied. It further held that the agreement contained all necessary mandatory terms, thereby meeting the statutory criteria.

Consequently, the court approved the Enterprise Agreement No. 9 – 2021, finding it to be compliant with all legal requirements. The decision was based on the evidence provided by the applicant, which demonstrated that the agreement was fairly negotiated and contained all the necessary terms. The court's approval ensures that the agreement will serve as the basis for the employment conditions of the council staff.

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