DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buloke Shire Council
(AG2018/3093)

BULOKE SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 7 - 2018

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 27 NOVEMBER 2018

Application for approval of the Buloke Shire Council Enterprise Agreement No. 7 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Buloke Shire Council Enterprise Agreement No. 7 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Buloke Shire 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] The Australian Nursing and Midwifery Federation, the Australian Municipal, Administrative, Clerical and Services 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2018. The nominal expiry date of the Agreement is 3 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Buloke Shire Council sought approval for its Enterprise Agreement No. 7 - 2018, which was challenged by the Australian Nursing and Midwifery Federation (Vic Branch). The dispute was heard in the Fair Work Commission. The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically sections that govern the process for approving enterprise agreements. The Commission had to determine if the agreement met the criteria for being a genuine enterprise agreement, including whether it was made in good faith and whether it provided for the terms and conditions of employment of the employees covered by the agreement.

The Commission carefully reviewed the submissions and evidence from both parties. It considered whether the process for developing the agreement was conducted in good faith and whether there was adequate consultation with the employees. The Commission also examined the terms of the agreement itself to ensure they were fair and reasonable. In its decision, the Commission found that the agreement did comply with the statutory requirements. It concluded that the Buloke Shire Council had acted in good faith, and the agreement was bona fide. The terms of the agreement were deemed to be fair and reasonable, covering all necessary aspects of employment conditions.

Following its analysis, the Fair Work Commission approved the Buloke Shire Council Enterprise Agreement No. 7 - 2018. The decision was based on the Commission's finding that the agreement was made in good faith and met all statutory requirements. The Commission's decision provided clarity and certainty for both the Council and the employees, ensuring that the agreement would govern their employment terms and conditions moving forward.

Buloke 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