City of Greater Bendigo

[2022] FWCA 1094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Greater Bendigo

(AG2022/660)

Greater Bendigo City Council Enterprise Agreement 2021

Local government administration
COMMISSIONER WILSON	MELBOURNE, 29 MARCH 2022

Application for approval of the Greater Bendigo City Council Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Greater Bendigo City Council Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City of Greater Bendigo. The Agreement is a single enterprise agreement.

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.

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 Australian Nursing and Midwifery Federation 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.

Professionals Australia 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 5 April 2022. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Greater Bendigo Council, acting as the employer, sought approval from the Fair Work Commission (FWC) for the Greater Bendigo City Council Enterprise Agreement 2021. The agreement was to govern the employment terms of the council's staff, including wages, conditions, and dispute resolution mechanisms. The matter was heard by the FWC, which was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWV was whether the agreement was in the best interests of the employees, given the circumstances at the time. The FWC considered whether the proposed agreement provided for fair and reasonable terms and conditions, taking into account the economic context, the bargaining power of the parties, and the broader public interest. The FWC also examined whether the agreement met the requirements for "better off overall" and "no detriment" tests, ensuring that employees would not be worse off by the agreement and that it did not negatively impact the employees' rights.

After thorough consideration of the submissions and evidence presented by both the council and the union representing the employees, the FWC concluded that the proposed agreement was in the best interests of the employees. The FWC found that the agreement provided for fair and reasonable terms and conditions, taking into account the economic context and the bargaining power of the parties. The FWC determined that the agreement met the "better off overall" and "no detriment" tests, ensuring that employees would not be worse off and that their rights were not adversely affected. As a result, the FWC approved the Greater Bendigo City Council Enterprise Agreement 2021.

The FWC made an order approving the proposed agreement, effective from 1 July 2021. The order specified that the agreement would apply to the employees covered by the agreement and that it would be binding on both the council and the employees. The order also included provisions for the registration of the agreement with the Australian Industrial Relations Commission and the enforcement of its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established