DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Campaspe Shire Council
(AG2019/2276)

CAMPASPE SHIRE COUNCIL ENTERPRISE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 SEPTEMBER 2019

Application for approval of the Campaspe Shire Council Enterprise Agreement 2019.

[1] Campaspe Shire Council (the Employer) has made an application for approval of an enterprise agreement known as the Campaspe Shire Council Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration. 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. The undertakings are taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 2 September 2019 and, in accordance with s 54, will operate from 9 September 2019. The nominal expiry date of the Agreement is 16 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Campaspe Shire Council, applied to the Fair Work Commission for approval of the Campaspe Shire Council Enterprise Agreement 2019. The dispute arose from negotiations between the council and its employees, represented by the Public Sector Association of Victoria, regarding terms and conditions of employment. The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over employment disputes.

The central legal issue before the Commission was whether the terms of the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including requirements for minimum entitlements and the process for reaching an agreement. Specifically, the Commission had to assess if the agreement provided fair and reasonable terms and conditions for the employees and whether the agreement had been made in good faith and without coercion.

The Commission found that the agreement met the statutory requirements for minimum entitlements and had been negotiated in good faith. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the nature of the work, the economic circumstances, and other relevant factors. The Commission approved the Campaspe Shire Council Enterprise Agreement 2019, finding it to be in compliance with the Fair Work Act.

The Commission made an order approving the Campaspe Shire Council Enterprise Agreement 2019, effective from the date of the decision. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the employees of the Campaspe Shire Council for the duration specified in the agreement.

Campaspe Shire Council

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established