DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Highlands Council
(AG2020/4059)

CENTRAL HIGHLANDS COUNCIL ENTERPRISE AGREEMENT 2020

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 JANUARY 2021

Application for approval of the Central Highlands Council Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Central Highlands Council Enterprise Agreement 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 Highlands Council. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Notice of Employee Representational Rights (NOERR) filed in the Commission does not appear to be in the form prescribed in Schedule 2.1 of the Fair Work Regulations2009 as required by section 174(1A) of the Fair Work Act 2009 (the Act). Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.

[5] The Agreement was approved on 28 January 2021 and, in accordance with s.54, will operate from 4 February 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Central Highlands Regional Council, the applicant, and the Queensland Industrial Relations Commission, the respondent, the applicant sought approval of the Central Highlands Council Enterprise Agreement 2020. The nature of the dispute involved the negotiation and subsequent approval of a collective bargaining agreement between the Council and its employees.

The primary legal issue the Commission was required to decide was whether the Enterprise Agreement was in compliance with the relevant industrial legislation and whether it was fair and reasonable in all its terms. This involved scrutinising the terms of the agreement, particularly in relation to wages, working conditions, and other employment-related matters.

The Commission undertook a detailed examination of the agreement, taking into account various statutory criteria. It considered whether the agreement provided for a fair and efficient workplace, protected employees' rights, and adhered to the relevant industrial laws. After thorough deliberation, the Commission found that the Enterprise Agreement met all necessary legal standards. It concluded that the agreement was fair and reasonable, providing for a balanced set of terms that adequately protected the interests of both the Council and its employees. Consequently, the Commission approved the agreement.

Central Highlands Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established