DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cardinia Shire Council
(AG2017/3556)

CARDINIA SHIRE COUNCIL ENTERPRISE AGREEMENT 2017

Local government administration
COMMISSIONER SAUNDERS	NEWCASTLE, 13 NOVEMBER 2017

Application for approval of the Cardinia Shire Council Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cardinia Shire Council Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cardinia Shire Council. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cardinia Shire Council sought approval for its Enterprise Agreement 2017. The Council's application was made under the Fair Work Act 2009, specifically in relation to the requirements for direct employee representation. The dispute centred on whether the agreement complied with the statutory provisions concerning the representation of employees in the negotiation and approval of enterprise agreements.

The primary legal issue before the Commission was whether the agreement had been appropriately negotiated and whether the representation of employees was adequate. This involved examining the procedures followed during the negotiation process and whether they met the standards set out in the Fair Work Act. Furthermore, the Commission had to determine if the agreement provided for fair and equitable terms and conditions for the employees.

The Fair Work Commission found that the negotiation process adhered to the legislative requirements, and the agreement was appropriately negotiated. The Commission also determined that the representation of employees was sufficient, as it was conducted by a certified bargaining agent. Consequently, the Commission approved the Enterprise Agreement 2017, concluding that it met the necessary standards for fair and equitable terms and conditions for the employees. The Commission's decision was based on a thorough examination of the negotiation process and the contents of the agreement.

The final orders of the Commission included the approval of the Cardinia Shire Council Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to the relevant employees of the Council. The Commission's decision provided clarity on the compliance of the agreement with the statutory requirements and confirmed its validity.

Cardinia 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