DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bass Coast Shire Council
(AG2019/383)

BASS COAST SHIRE COUNCIL ENTERPRISE BARBAINING AGREEMENT 2019

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 7 MAY 2019

Application for approval of the Bass Coast Shire Council Enterprise Bargaining Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bass Coast Shire Council Enterprise Bargaining Agreement 2019 (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.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Bass Coast Shire Council, the applicant sought approval for the Enterprise Bargaining Agreement 2019. The applicant, a local government body, aimed to finalise its bargaining agreement to regulate the terms and conditions of employment for its staff. The case was heard in the Fair Work Commission, where the applicant's request was subject to scrutiny to ensure compliance with relevant legislative provisions and fairness towards both the employer and employees.

The central legal issues revolved around whether the proposed Enterprise Bargaining Agreement adhered to the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the necessity for a genuine agreement between the parties. Additionally, the court had to determine if the terms and conditions set forth in the agreement were reasonable and equitable, considering the obligations imposed by the Act.

The Fair Work Commission examined the procedural aspects of the agreement, including whether proper consultation processes were followed and if there was genuine negotiation between the parties. The court found that the applicant had conducted sufficient consultation and negotiation processes, and the agreement demonstrated a genuine effort to reach a fair and reasonable outcome. The terms of the agreement were also reviewed to ensure they met the statutory criteria for approval, and the Commission concluded that the proposed agreement was fair and reasonable, thus granting the application for approval.

The final orders of the Fair Work Commission approved the Bass Coast Shire Council Enterprise Bargaining Agreement 2019, confirming its compliance with the Fair Work Act 2009 and its adherence to the principles of procedural fairness and genuine agreement. The decision was made in the interest of maintaining fair and equitable employment practices within the local government sector.

Bass Coast Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established