DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buloke Shire Council
(AG2015/1987)

BULOKE SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 6 - 2015

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 11 MARCH 2015

Application for approval of the Buloke Shire Council Enterprise Agreement No. 6 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Buloke Shire Council Enterprise Agreement No. 6 - 2015 (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] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation 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(1) of the Act, will operate from 18 March 2015. The nominal expiry date of the Agreement is 17 March 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Buloke Shire Council, as the applicant, sought approval for Enterprise Agreement No. 6 - 2015, which was contested by various respondents. The dispute arose in the Fair Work Commission, where the Council aimed to have the agreement recognised under the Fair Work Act 2009. The Council argued that the agreement met all the necessary criteria for approval, including the requirements for good faith bargaining and the provision of a fair and reasonable set of terms and conditions for its employees. The respondents, including union representatives, argued that the agreement did not meet these criteria and that it failed to provide adequate protections and benefits for employees.

The central legal issues before the Commission were whether the agreement was the product of genuine good faith bargaining, whether it contained terms and conditions that were fair and reasonable, and whether it complied with the statutory requirements set out in the Fair Work Act. The Commission had to determine whether the Council had engaged in genuine negotiations with the respondents and whether the terms of the agreement were fair and reasonable, taking into account the principles of enterprise bargaining and the broader economic and social context.

In delivering its decision, the Commission found that the Buloke Shire Council had engaged in genuine good faith bargaining with the respondents. It determined that the terms and conditions outlined in the agreement were fair and reasonable, considering the specific circumstances of the Council and its employees. The Commission was satisfied that the agreement met the statutory requirements and provided a fair and reasonable set of terms and conditions for the employees. As a result, the Commission approved the Buloke Shire Council Enterprise Agreement No. 6 - 2015. The approval ensures that the agreement will be recognised and enforceable under the Fair Work Act, providing a stable and predictable working environment for the Council's employees.

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