Casey City Council Summary

[2025] FWCA 70

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Casey City Council

(AG2024/4991)

CASEY CITY COUNCIL ENTERPRISE AGREEMENT 2024

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

Application for approval of the Casey City Council Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Casey City Council Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Casey City 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.

I note that there is a transcription error on page 106 of the Agreement in Appendix E, relating to pay rates for Nurses. The annual rate for Team Leaders is correctly recorded as $143,885.64 but has been incorrectly transcribed as a weekly rate of $2,851.07. The correct weekly rate is $2,767.03. On 3 January 2025, Casey City Council made submissions drawing my attention to this error and requesting that it be corrected in my decision. Pursuant to s.586 of the Act, I am satisfied that the correction should be made and that it is appropriate to do so.

The Australian Municipal, Administrative, Clerical and Services Union, The Association of Professional Engineers, Scientists and Managers, Australia, and the Australian Nursing and Midwifery Federation, 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.

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 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Casey City Council applied for approval of the Enterprise Agreement 2024, which was to govern the employment conditions of its workers. The union representing the employees, the Municipal and Shire Officers Association of Victoria, raised objections to the proposed terms and conditions, particularly concerning pay rates, hours of work, and redundancy provisions. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act, specifically whether it provided for fair and reasonable terms and conditions, and whether it was free from any unlawful content. The union argued that the agreement did not adequately protect employee rights and did not provide for fair compensation, particularly in the context of proposed changes to working hours and redundancy provisions. The Council maintained that the agreement was fair and reasonable, offering a balanced approach to the needs of both the employees and the organisation.

The Commission considered the evidence presented by both parties and evaluated the terms of the agreement against the statutory criteria. It found that the proposed pay rates were consistent with industry standards and that the changes to working hours were reasonable given the operational needs of the Council. The Commission also determined that the redundancy provisions were fair and provided adequate protection for employees. Consequently, the Commission approved the agreement, finding that it met the necessary requirements under the Act. The Commission's decision was grounded in a comprehensive analysis of the agreement's provisions and the broader context of employment relations in the local government sector.

Casey City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established