DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brighton Council
(AG2019/1662)

BRIGHTON COUNCIL ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER LEE	MELBOURNE, 26 JULY 2019

Application for approval of the Brighton Council Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Brighton Council Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brighton 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] 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] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 38 - Redundancy.

However, noting clause 12 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Brighton Council, the Fair Work Commission was asked to approve the Brighton Council Enterprise Agreement 2019. The application was brought by the employer, Brighton Council, and the employees were represented by the Municipal and Shire Officers' Union. The dispute centred on the terms and conditions of employment for council employees, including wages, leave entitlements, and other workplace provisions.

The legal issues before the Commission were whether the proposed agreement was suitable for registration under the Fair Work Act 2009 and whether it met the "better off overall test" for employees. This required an assessment of whether the agreement provided employees with conditions at least as good as those in their previous agreements or the applicable award, and whether it provided some employees with benefits that outweighed any disadvantages.

The Commission found that the agreement was suitable for registration and met the better off overall test. The proposed agreement provided employees with wage increases, improved leave provisions, and other benefits that were deemed advantageous in comparison to their previous conditions. The Commission also noted that the agreement included mechanisms for resolving disputes and addressing workplace issues, which contributed to its approval. Accordingly, the Commission approved the agreement, and it will now be registered with the Fair Work Commission.

The final orders of the Commission were that the Brighton Council Enterprise Agreement 2019 be registered with the Fair Work Commission, effective from the date of the decision. The agreement will apply to the employees of Brighton Council and will replace any previous agreements or award provisions that are inconsistent with its terms.

Brighton Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established