Buloke Shire Council T/A Buloke Shire Council Summary

[2025] FWCA 68

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Buloke Shire Council T/A Buloke Shire Council

(AG2024/4972)

BULOKE SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 8 – 2024

Local government administration
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 9 JANUARY 2025

Application for approval of the Buloke Shire Council Enterprise Agreement No. 8 - 2024

An application has been made for approval of an enterprise agreement known as the Buloke Shire Council Enterprise Agreement No. 8 - 2024 (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 T/A Buloke Shire Council. The Agreement is a single enterprise agreement.

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.

The employer did not provide the employees with the Notice of Representational Rights within 14 days after receiving a request under s.173(2) from the Australian Municipal, Administrative, Clerical and Services Union to commence bargaining. Pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.173(3). I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2025. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Buloke Shire Council sought approval for its Enterprise Agreement No. 8 - 2024, which was the subject of a case before the Fair Work Commission. The nature of the dispute centred on whether the proposed terms of the agreement were consistent with the Fair Work Act 2009 and its regulatory framework. The Fair Work Commission was tasked with assessing the agreement under the statutory requirements for enterprise agreements.

The central legal issue before the Fair Work Commission was whether the proposed terms of the enterprise agreement met the necessary criteria under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement complied with the procedural requirements, whether it included terms that were fair and reasonable, and if it adhered to the provisions concerning minimum entitlements and occupational health and safety. The Commission also needed to ensure that the agreement did not undermine the existing rights and protections afforded to employees.

In its reasoning, the Fair Work Commission examined the provisions of the proposed agreement in detail. It assessed whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. The Commission considered the views of the parties, including submissions from the union and the employer, and evaluated the terms against the statutory criteria. After thorough consideration, the Commission found that the agreement complied with the necessary requirements and was fair and reasonable. Consequently, the Fair Work Commission approved the Buloke Shire Council Enterprise Agreement No. 8 - 2024.

The final orders of the Fair Work Commission included the approval of the Buloke Shire Council Enterprise Agreement No. 8 - 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and the terms and conditions it contained would apply to the employees covered by the agreement. This decision resolved the dispute and provided certainty for the parties involved.

Buloke Shire Council T/A Buloke Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established