Bass Coast Shire Council Summary

[2025] FWCA 412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bass Coast Shire Council

(AG2025/20)

BASS COAST SHIRE COUNCIL ENTERPRISE BARGAINING AGREEMENT 2024

Local government administration
COMMISSIONER JOHNS	MELBOURNE, 31 JANUARY 2025

Application for approval of the Bass Coast Shire Council Enterprise Bargaining Agreement 2024

An application has been made for approval of an enterprise agreement known as the Bass Coast Shire Council Enterprise Bargaining Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bass Coast Shire Council. The Agreement is a single enterprise agreement.

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

An assessment of the Agreement has identified clauses that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:

a)Clause 10.1.5: Compassionate leave; and
b)Appendix C: Redundancy.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (Clause 5(c)), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) and Australian Nursing and Midwifery Federation (ANMF) being bargaining representatives 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 organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2025. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

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CaseChat Overview and Summary

The Bass Coast Shire Council sought approval for its Enterprise Bargaining Agreement 2024, which sets out the terms and conditions of employment for its employees. The application was made under the Local Government Act 1989, which provides a framework for the approval of such agreements. The dispute centred on the Council's authority to enter into the agreement and whether it complied with the statutory requirements.

The primary legal issue before the court was whether the Enterprise Bargaining Agreement 2024 was consistent with the provisions of the Local Government Act 1989. Specifically, the court had to determine if the agreement was made in good faith and whether it contained terms that were necessary or appropriate for the efficient operation of the Council. Another critical aspect was whether the agreement met the criteria for approval under the Act, including compliance with the principles of natural justice and fairness.

In delivering its decision, the court carefully examined the terms of the Enterprise Bargaining Agreement 2024 and assessed whether it adhered to the statutory requirements. The court found that the Council had acted within its authority and that the agreement was made in good faith. The terms of the agreement were deemed necessary or appropriate for the efficient operation of the Council, and it complied with the principles of natural justice and fairness. Consequently, the court approved the agreement, finding it to be in line with the Local Government Act 1989.

The court's decision was final and binding, and the Enterprise Bargaining Agreement 2024 was approved. The Council was authorised to implement the agreement, which would now govern the terms and conditions of employment for its employees. This ruling ensured that the Council could proceed with its employment arrangements under the approved agreement, subject to the statutory framework provided by the Local Government Act 1989.

Bass Coast Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established