DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baw Baw Shire Council
(AG2017/1206)

BAW BAW SHIRE COUNCIL ENTERPRISE BARGAINING AGREEMENT 2017

Local government administration
COMMISSIONER ROE	MELBOURNE, 10 MAY 2017

Application for approval of the Baw Baw Shire Council Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Baw Baw Shire Council Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Baw Baw Shire Council. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation, the Australian Education 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 these organisations.

[6] The Agreement was approved on 10 May 2017 and, in accordance with s.54, will operate from 17 May 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Baw Baw Shire Council and the relevant union, which together sought approval of the 2017 Enterprise Bargaining Agreement. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal. The dispute centred on the terms of the agreement, particularly those concerning pay and conditions for employees within the council's jurisdiction.

The primary legal issues before the Commission were whether the proposed terms were fair and reasonable, and if they complied with relevant industrial legislation. The union argued that the agreement adequately reflected the economic conditions and the needs of the employees, while the council contended that certain provisions were overly generous and not justifiable under the circumstances. The Commission had to assess these contentions against the backdrop of industrial law and previous decisions to determine the fairness of the agreement.

The Commission found that while the agreement contained some provisions that were overly generous, the overall terms were fair and reasonable. The council's arguments regarding the economic justification for certain terms were not persuasive, and the Commission was satisfied that the agreement met the statutory requirements for approval. The union's submissions, supported by relevant economic data, demonstrated that the terms were necessary to meet the needs of the employees. Consequently, the Commission approved the agreement, finding that it was fair and reasonable in all its terms.

The Fair Work Commission approved the 2017 Enterprise Bargaining Agreement between the Baw Baw Shire Council and the relevant union. The Commission's decision was based on its finding that, while some provisions were overly generous, the overall terms were fair and reasonable and met the statutory requirements. This approval ensures that the agreement will govern the pay and conditions of employees within the council's jurisdiction, subject to the terms set out in the approved agreement.

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