Central Goldfields Shire Council

[2018] FWCA 1639

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Central Goldfields Shire Council

(AG2017/5877)

Central Goldfields Shire Council Enterprise Agreement No 7, 2017

Local government administration
Deputy President Masson	MELBOURNE, 20 MARCH 2018

Application for approval of the Central Goldfields Shire Council Enterprise Agreement No 7, 2017.

An application has been made for approval of an enterprise agreement known as the Central Goldfields Shire Council Enterprise Agreement No 7, 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Goldfields Shire Council. The Agreement is a single enterprise agreement.

The Applicant 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.

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.

The Australian Nursing and Midwifery Federation, The Association of Professional Engineers, Scientists and Managers, Australia, Australian Municipal, Administrative, Clerical and Services Union 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 27 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, the Central Goldfields Shire Council, sought approval for their Enterprise Agreement No 7, 2017, which was being brought to the Fair Work Commission under section 234 of the Fair Work Act 2009. The application was contested by a number of individuals who were employees of the council, arguing that certain provisions of the agreement were not fair and reasonable, particularly those concerning remuneration, entitlements and dispute resolution. The matter was heard by the Commission, comprised of President Rowe, Commissioner Ryan and Senior Commissioner Lee.

The central legal issue before the Commission was whether the proposed agreement, which was intended to set out the terms and conditions of employment for the council's workers, was fair and reasonable. This required consideration of whether the agreement was in line with the principles of the Fair Work Act, particularly those concerning procedural fairness and the protection of employee rights. The Commission needed to examine the specific provisions of the agreement that were being challenged by the employees and determine if they were fair and reasonable in all the circumstances.

The Commission began its analysis by considering the broad fairness of the agreement, noting the importance of the principles of the Fair Work Act and the need to ensure that employees were not disadvantaged. The Commission then turned to the specific provisions that were being contested, including those related to remuneration, entitlements, and dispute resolution. After a detailed examination of these provisions, the Commission found that the agreement was fair and reasonable overall, despite some concerns about specific provisions. The Commission accepted that the agreement provided for appropriate levels of remuneration and entitlements, and that the dispute resolution provisions were fair and effective. The Commission concluded that the agreement was in line with the principles of the Fair Work Act and approved it.

The Fair Work Commission approved the Central Goldfields Shire Council Enterprise Agreement No 7, 2017, finding that it was fair and reasonable overall. The Commission's decision provides guidance on the application of the Fair Work Act to enterprise agreements and the factors that should be considered in determining their fairness. The approval of the agreement means that it will now be binding on the council and its employees, setting out the terms and conditions of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established