DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baw Baw Shire Council
(AG2014/10067)

BAW BAW SHIRE COUNCIL ENTERPRISE BARGAINING AGREEMENT 2014

Local government administration
COMMISSIONER WILSON	MELBOURNE, 30 JANUARY 2015

Application for approval of the Baw Baw Shire Council Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Baw Baw Shire Council Enterprise Bargaining Agreement 2014 (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] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by the Baw Baw Shire Council to have their Enterprise Bargaining Agreement 2014 approved under section 186 of the Fair Work Act 2009. The dispute arose when a number of employees, represented by the Municipal and Shire Officers Union of Australia, contested the approval of certain provisions within the agreement. The Commission was tasked with determining whether the provisions in question complied with the statutory requirements for enterprise agreements.

The legal issues before the Commission centred on the interpretation and application of sections 174, 176, 186, and 229 of the Fair Work Act 2009, particularly in relation to the "no disadvantage" test, the "good faith" requirement, and the overall fairness of the agreement's provisions. The Commission needed to ascertain whether the contested provisions met the criteria for approval, specifically ensuring that they did not disadvantage employees, were negotiated in good faith, and adhered to the principles of fairness and industrial sufficiency.

The Fair Work Commission, after thoroughly reviewing the evidence and submissions, concluded that the contested provisions of the Enterprise Bargaining Agreement 2014 did not contravene the statutory requirements. The Commission found that the provisions were consistent with the principles of good faith bargaining and did not result in any disadvantage to the employees. Furthermore, the Commission determined that the provisions were fair and met the criteria for industrial sufficiency. Consequently, the Commission approved the agreement under section 186 of the Act.

The Commission made orders approving the Baw Baw Shire Council Enterprise Bargaining Agreement 2014, effective from the date of the decision. The agreement, as approved, was to be registered with the Fair Work Commission, and the provisions in question were deemed to comply with the statutory requirements. The Commission's decision provided clarity on the interpretation and application of the relevant sections of the Fair Work Act 2009 in the context of enterprise agreements.

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