DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Benalla Rural City Council
(AG2019/143)

BENALLA RURAL CITY COUNCIL ENTERPRISE AGREEMENT 2018

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 1 MAY 2019

Application for approval of the Benalla Rural City Council Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Benalla Rural City Council Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Benalla Rural City 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 7 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Benalla Rural City Council sought approval for the Enterprise Agreement 2018 from the Fair Work Commission. The primary dispute centred on the terms and conditions of employment for the council's staff, with the council arguing that the proposed agreement was necessary for the efficient operation of its services. The Fair Work Commission was tasked with determining whether the agreement met the requirements set out in the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions, whether it was made in good faith and in the public interest, and whether it complied with relevant industrial laws. The Commission also had to consider whether the agreement adequately protected employees' rights and interests, including those of part-time and casual workers.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and met the statutory requirements. The Commission was satisfied that the agreement was made in good faith and in the public interest, and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement adequately protected the rights and interests of all employees, including those of part-time and casual workers. Consequently, the Commission approved the agreement.

The Fair Work Commission's decision to approve the Benalla Rural City Council Enterprise Agreement 2018 sets a precedent for other local councils seeking to negotiate and implement enterprise agreements. The decision highlights the importance of ensuring that such agreements are made in good faith, protect the rights of all employees, and meet the requirements of relevant industrial laws. The Commission's approval of the agreement will enable the Council to move forward with the implementation of the new terms and conditions of employment, and ensure the continued provision of essential services to the community.

Benalla Rural City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established