Central Goldfields Shire Council Summary

[2022] FWCA 61

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central Goldfields Shire Council

(AG2021/8942)

Application for approval of the Central Goldfields Shire Council Enterprise Agreement No 8, 2020

Local government administration
COMMISSIONER O’NEILL	MELBOURNE, 12 JANUARY 2022

Application for approval of the Central Goldfields Shire Council Enterprise Agreement No 8, 2020

An application has been made for approval of an enterprise agreement known as the Central Goldfields Shire Council Enterprise Agreement No 8, 2020 (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.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application.

The employees were requested to vote on and approve the Agreement less than 21 days after the last notice of employee representational rights was given. Pursuant to s.188(2), in all the circumstances I am satisfied that the agreement has been genuinely agreed to by the employees.

The Australian Nursing and Midwifery Federation, Professionals Australia and the 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 each organisation.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 12.2 – Parental Leave
· Clause 12.8 - Sick/Carer’s Leave.

However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Central Goldfields Shire Council, which applied for approval of Enterprise Agreement No 8, 2020. The applicant sought to have the agreement, which outlined the terms and conditions of employment for certain council employees, approved under section 231 of the Industrial Relations Act 2016 (Vic). The dispute centred around whether the agreement complied with the requirements of the Act and whether it was in the best interests of the employees covered by the agreement.

The legal issues before the court included whether the agreement met the criteria for approval as stipulated by the Act, such as ensuring it was fair and reasonable and provided for proper dispute resolution mechanisms. Additionally, the court had to determine if the agreement appropriately balanced the interests of the employer and the employees, and if it complied with any relevant minimum standards.

The court examined the agreement in detail, assessing its provisions against the statutory requirements and the principles of fairness and reasonableness. The court found that the agreement was comprehensive, clearly outlining the rights and obligations of both the employer and the employees. It noted that the agreement included provisions for dispute resolution, minimum wage rates, and other employment conditions that were consistent with the Act. The court was satisfied that the agreement was fair and reasonable, and in the best interests of the employees. Therefore, the court approved the agreement under section 231 of the Act.

The final order of the court was the approval of the Central Goldfields Shire Council Enterprise Agreement No 8, 2020, effective from 1 July 2020. The court's decision confirmed the agreement as compliant with the Industrial Relations Act 2016 (Vic) and in the best interests of the employees.

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