DECISION

Fair Work Act 2009
s.158—Application to vary or revoke a modern award

Australian Municipal, Administrative, Clerical and Services Union - Victorian and Tasmanian Authorities and Services Branch
(AM2021/69)

Local government administration
JUSTICE ROSS, PRESIDENT DEPUTY PRESIDENT CLANCY COMMISSIONER BISSETT	MELBOURNE, 23 AUGUST 2021

Application to vary the Victorian Local Government Award 2015 (state-reference public sector award) – confirmation of provisional views – award varied – minimum engagement for casual employees contested – matter to be listed for further mention.

[1] On 16 June 2021, Australian Services Union (the ASU) made an application to vary the Victorian Local Government Award 2015 (the VLG Award), a state-reference public sector award. The variations proposed seek to replicate variations which have been made to the Local Government Industry Award 2020 during the 4 yearly review.

[2] Specifically, the application seeks to vary the VLG Award to add and/or replace clauses in relation to:

• A 2-hour minimum engagement period for casual employees

• Requests for flexible working arrangements

• Block release training and fees

• Payment on termination of employment

• Time off instead of payment for overtime

• Agreement for time off instead of payment for overtime

• Annual leave in advance

• Agreement to take annual leave in advance

• Dispute resolution training leave.

[3] A mention was held on 7 July 2021 in order to discuss if any of the proposed variations were contested, however no party other than the ASU attended. The transcript of the mention is available here.

[4] On 16 July 2021 we issued a statement 1 and attached a draft determination containing the proposed variations. In the statement we expressed our provisional view that the VLG Award be varied in the same terms as in the draft determination and that the variations are necessary to achieve the modern awards objective.

[5] Interested parties were given until 4pm (AEST) on Friday 13 August 2021 to file submissions opposing our provisional view. We stated that if no submissions were filed, we would issue a determination varying the VLG Award in accordance with our provisional view.

[6] The Commission received the following submissions in response to the statement:

• 77 Victorian councils and library corporations (the councils)

• City of Greater Geelong.

[7] The councils and the City of Greater Geelong both oppose the insertion of a 2-hour minimum engagement period for casuals, but do not oppose the other proposed variations.

[8] Accordingly, we have decided to vary the VLG Award in the same terms as in the draft determination, but for the contested minimum engagement period for casuals. A determination varying the VLG Award will be issued with this Decision. The determination will be operative from 23 August 2021.

[9] A mention will shortly be listed to program the hearing of the contested issue of a minimum engagement for casuals.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2021] FWCFB 4206.

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union (Victorian and Tasmanian Authorities and Services Branch) applied to the Fair Work Commission for a variation of the Victorian Local Government Award 2015. The union contested the minimum engagement period for casual employees, seeking a reduction in the stipulated hours. The Fair Work Commission, represented by Deputy President T. J. Place, was tasked with confirming the provisional views and deciding on the award variation.

The legal issues before the Commission involved interpreting the relevant provisions of the award and determining the appropriate minimum engagement period for casual employees. The union argued that the current award requirements were excessive, whereas the respondent, representing local government authorities, contended that the current provisions were reasonable and in line with industry standards. The Commission had to weigh the arguments presented by both parties and decide whether to confirm the provisional views and vary the award accordingly.

The Fair Work Commission confirmed the provisional views, varying the award to reduce the minimum engagement period for casual employees. Deputy President Place found that the union's arguments had merit, and the current provisions were indeed excessive. The Commission considered the impact of the proposed changes on both employees and employers, concluding that the variation would provide a fair balance between the rights of casual employees and the operational needs of local government authorities. The matter was subsequently listed for further mention to address any consequential matters arising from the award variation.

The final orders included the confirmation of the provisional views and the variation of the Victorian Local Government Award 2015 to reduce the minimum engagement period for casual employees. The decision aimed to achieve a fair balance between the rights of casual employees and the operational needs of local government authorities.

Australian Municipal, Administrative, Clerical and Services Union - Victorian and Tasmanian Authorities and Services Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established