Cardinia Shire Council

[2014] FWCA 7090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cardinia Shire Council
(AG2014/9204)

CARDINIA SHIRE COUNCIL ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 8 OCTOBER 2014

Application for approval of the Cardinia Shire Council Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cardinia Shire Council Enterprise Agreement 2014 (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 Nursing and Midwifery Federation (ANMF), Australian Municipal, Administrative, Clerical and Services Union(ASU) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 8 October 2014 and, in accordance with s.54 of the Act, will operate from 15 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Cardinia Shire Council for approval of the Cardinia Shire Council Enterprise Agreement 2014. The dispute centred around the terms and conditions of employment for the council's staff, as outlined in the proposed agreement. The Fair Work Commission was tasked with reviewing the application to ensure that it complied with the Fair Work Act 2009 and other relevant industrial instruments.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the minimum entitlements set out in the relevant awards, and whether it appropriately balanced the interests of both the employer and the employees. Additionally, the Commission considered whether the agreement contained any provisions that might lead to adverse economic or social consequences.

In its decision, the Commission determined that the proposed agreement was fair and reasonable, providing for appropriate terms and conditions of employment that balanced the interests of both parties. The Commission found that the agreement complied with the minimum entitlements prescribed by the relevant awards and did not contain any provisions that would lead to adverse economic or social consequences. Consequently, the Commission approved the Cardinia Shire Council Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established