DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baw Baw Shire Council
(AG2020/3)

BAW BAW SHIRE COUNCIL ENTERPRISE AGREEMENT 2019 (NO.9)

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 FEBRUARY 2020

Application for approval of the Baw Baw Shire Council Enterprise Agreement 2019 (No.9)

[1] The Baw Baw Shire Council has made an application for approval of an enterprise agreement known as the Baw Baw Shire Council Enterprise Agreement 2019 (No.9) (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Australian Nursing and Midwifery Federation; the Australian Municipal, Administrative, Clerical and Services Union; the Australian Education Union; and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 10 February 2020 and, in accordance with s 54, will operate from 17 February 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the Baw Baw Shire Council and the Commonwealth Officers’ Union, which represents the employees of the council. The dispute centres on the approval of the Baw Baw Shire Council Enterprise Agreement 2019 (No.9). The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The union argued that the agreement failed to provide adequate protections for employees, while the council contended that the agreement was fair and reasonable.

The central legal issues revolved around whether the agreement met the statutory requirements for approval, including provisions for minimum terms and conditions, and whether the agreement complied with the Fair Work Act's objectives of ensuring a fair and balanced outcome. The commission needed to assess the agreement's provisions on wages, hours of work, leave entitlements, and other conditions of employment to determine if it achieved a fair and balanced outcome.

The commission examined the evidence presented by both parties and considered the principles outlined in the Fair Work Act. It determined that the agreement adequately addressed the key terms and conditions of employment, including fair wages, reasonable hours of work, and adequate leave provisions. The commission concluded that the agreement provided sufficient protections for employees and achieved a fair and balanced outcome. Consequently, the commission approved the Baw Baw Shire Council Enterprise Agreement 2019 (No.9).

Baw Baw 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