Central Coast Council

[2024] FWCA 3423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central Coast Council

(AG2024/3252)

CENTRAL COAST COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 SEPTEMBER 2024

Application for approval of the Central Coast Council Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Central Coast 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 Central Coast Council. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 December 2023 and the Agreement was made on 14 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Local Government Industry Award 2020 and Children’s Services Award 2010 is taken to be a term of the Agreement

I note that several clauses are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 of the Act, will operate from 7 October 2024. The nominal expiry date of the Agreement is 29 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Central Coast Council for approval of their proposed 2024 Enterprise Agreement. The applicants sought to formalise the terms and conditions of employment for their employees under the new agreement. The dispute centred on whether the proposed agreement met the necessary statutory requirements and provided fair and reasonable terms for both the employees and the employer.

The legal issues at hand included whether the proposed agreement provided for fair and reasonable terms for the employees, including minimum rates of pay, reasonable hours of work, and appropriate leave provisions. The Commission also had to consider whether the agreement included adequate mechanisms for resolving disputes and provided for fair treatment and equal opportunity for all employees. Furthermore, the Commission assessed whether the agreement aligned with the broader objectives of the Fair Work Act 2009.

The Fair Work Commission found that the proposed Enterprise Agreement met the statutory requirements and provided fair and reasonable terms for the employees. The Commission determined that the minimum rates of pay, reasonable hours of work, and appropriate leave provisions were in line with the needs of the employees and the operational requirements of the Central Coast Council. The Commission also found that the agreement included effective mechanisms for resolving disputes and provided for fair treatment and equal opportunity for all employees. Consequently, the Commission approved the proposed agreement, finding it to be in compliance with the relevant legislation and the broader objectives of the Fair Work Act 2009.

As a result of the Commission's decision, the Central Coast Council Enterprise Agreement 2024 was approved, and the terms and conditions set out in the agreement became effective for the employees of the Central Coast Council. The decision provided clarity and certainty for both the employer and employees, ensuring that the agreement met the necessary legal requirements and provided fair and reasonable terms for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established