Central Goldfields Shire Council

[2014] FWCA 4274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Goldfields Shire Council
(AG2014/6477)

CENTRAL GOLDFIELDS SHIRE COUNCIL ENTERPRISE AGREEMENT NO 6, 2014

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 27 JUNE 2014

Application for approval of the Central Goldfields Shire Council Enterprise Agreement No 6, 2014.

[1] An application has been made for approval of an enterprise agreement known as the Central Goldfields Shire Council Enterprise Agreement No 6, 2014 (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.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Annexure:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Central Goldfields Shire Council, which sought approval for its Enterprise Agreement No 6, 2014. The primary dispute centred on the validity and enforceability of certain clauses within the agreement, particularly those concerning employee benefits and working conditions. The Fair Work Commission was the forum for this legal challenge, tasked with determining whether the proposed agreement met the requisite standards under the Fair Work Act 2009.

The court was required to assess whether the agreement complied with the statutory requirements for good faith bargaining and whether the provisions were fair and reasonable. This included scrutinising the process by which the agreement was negotiated and whether it adhered to the principles of procedural fairness. Additionally, the court needed to evaluate the substantive fairness of the agreement, ensuring it did not disadvantage employees unduly and that it met the criteria for good faith.

In rendering its decision, the court emphasised the importance of ensuring that the agreement reflected a genuine effort at bargaining between the parties. The court found that the negotiation process was conducted in good faith and that the agreement met the procedural fairness requirements. Regarding substantive fairness, the court concluded that the agreement was reasonable and did not place employees at a significant disadvantage. Consequently, the court approved the Enterprise Agreement No 6, 2014, confirming its validity and enforceability.

The final orders of the court mandated that the Enterprise Agreement No 6, 2014, be approved and implemented as per the terms outlined. The court's decision effectively resolved the dispute, allowing the agreement to come into effect and govern the employment conditions within the Central Goldfields Shire Council.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established