DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Benalla Rural City Council
(AG2016/2691)

BENALLA RURAL CITY COUNCIL ENTERPRISE AGREEMENT 2015

Local government administration
COMMISSIONER ROE	MELBOURNE, 4 MAY 2016

Application for approval of the Benalla Rural City Council Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Benalla Rural City Council Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement was approved on 4 May 2016 and, in accordance with s.54, will operate from 11 May 2016. The nominal expiry date of the Agreement is 7 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Benalla Rural City Council sought approval for the Enterprise Agreement 2015. The dispute centred around the terms of the proposed agreement and whether it complied with the Fair Work Act 2009. The Commission was required to consider if the agreement met the criteria for approval, including if it provided for fair and reasonable terms and conditions for the employees covered by the agreement. Additionally, the Commission needed to determine if the agreement was free from any elements that could be considered to be contrary to public policy.

The Commission examined various aspects of the proposed agreement, including the wage rates, working conditions, and dispute resolution mechanisms. The key legal issue was whether the agreement provided for fair and reasonable terms that balanced the interests of both the council and the employees. The Commission considered submissions from both parties, including evidence and arguments regarding the economic and operational context of the council. It also took into account the public interest and the need to ensure that the agreement did not compromise the council's ability to provide essential services to the community.

After thorough deliberation, the Commission concluded that the proposed agreement met the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions, taking into account the economic and operational context of the council. It also found that the agreement did not contain any elements that were contrary to public policy. Consequently, the Commission approved the Benalla Rural City Council Enterprise Agreement 2015. This decision ensures that the council and its employees have a fair and reasonable agreement that supports the ongoing operation of essential services within 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