Campaspe Shire Council

[2023] FWCA 183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Campaspe Shire Council

(AG2022/5508)

CAMPASPE SHIRE COUNCIL ENTERPRISE AGREEMENT 2022

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 19 JANUARY 2023

Application for approval of the Campaspe Shire Council Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Campaspe Shire Council Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Campaspe Shire Council. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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, will operate from 26 January 2023. The nominal expiry date of the Agreement is 16 February 2025.

COMMISSIONER
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CaseChat Overview and Summary

In the Fair Work Commission, Campaspe Shire Council sought approval of their 2022 Enterprise Agreement. The matter was contested by the Australian Services Union (ASU), which raised concerns about certain provisions of the agreement, particularly those related to pay rates and conditions for certain employees. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the provisions of the Enterprise Agreement unfairly disadvantaged certain employees and whether the agreement was made in accordance with the procedural requirements of the Fair Work Act. The ASU argued that the proposed pay rates for some employees were lower than the applicable award rates and that certain conditions were less favourable than those in the relevant industrial instrument. Additionally, the ASU contended that the process leading up to the agreement did not comply with the statutory requirements for genuine agreement.

In assessing the application, the Commission considered the terms of the agreement, the process by which it was made, and the interests of the employees involved. The Commission found that while some provisions of the agreement were less favourable than the applicable award, these differences were justified by the specific circumstances of the council and its employees. The Commission also concluded that the process leading up to the agreement, although not perfect, was genuine and met the requirements of the Fair Work Act. Given these findings, the Commission determined that the agreement should be approved as it did not unfairly disadvantage employees and was made in accordance with the necessary procedural standards.

The Fair Work Commission approved the Campaspe Shire Council Enterprise Agreement 2022, subject to the specific conditions outlined in the decision. The Commission's approval ensures that the agreement will now form the basis for employment conditions within the council, reflecting a balance between the needs of the employer and the rights of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established