DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Colac Otway Shire
(AG2016/6929)

COLAC OTWAY SHIRE ENTERPRISE AGREEMENT NO. 7, 2016

Local government administration
COMMISSIONER ROE	MELBOURNE, 14 DECEMBER 2016

Application for approval of the Colac Otway Shire Enterprise Agreement No. 7, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Colac Otway Shire Enterprise Agreement No. 7, 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Colac Otway Shire. 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 Australian Municipal, Administrative, Clerical and Services Union, Australian Nursing and Midwifery Federation, The Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives 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 these organisations.

[4] The Agreement was approved on 14 December 2016 and, in accordance with s.54, will operate from 21 December 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Colac Otway Shire sought approval of a new enterprise agreement, which had been negotiated with the local government employees union. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in the interests of the employees and the employer, and whether it complied with the relevant provisions of the Act.

The primary legal issues before the Commission were whether the agreement provided fair and reasonable terms and conditions of employment, and whether it met the requirements for approval as a new enterprise agreement. This involved examining the provisions of the agreement, the process by which it was negotiated, and whether it contained all the prescribed terms. The Commission also had to consider the views of the parties and any relevant precedents or guidelines.

The Commission found that the agreement was fair and reasonable and met all the statutory requirements for approval. It noted that the agreement had been negotiated in good faith, and that it provided for terms and conditions that were no less favourable than those provided for in the relevant award. The Commission also found that the agreement contained all the prescribed terms and that it was in the interests of both the employees and the employer. The Commission was satisfied that the process by which the agreement was negotiated was transparent and that the parties had genuinely attempted to reach an agreement.

The Commission approved the Colac Otway Shire Enterprise Agreement No. 7, 2016, as a new enterprise agreement. This decision provides clarity and certainty for the parties and ensures that the agreement will be legally binding and enforceable. The approval of the agreement is a positive outcome for both the employer and the employees, as it provides for fair and reasonable terms and conditions of employment.

Colac Otway Shire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established