Colac Otway Shire Council

[2023] FWCA 111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Colac Otway Shire Council

(AG2022/5320)

COLAC OTWAY SHIRE ENTERPRISE AGREEMENT NO. 9, 2022

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 JANUARY 2023

Application for approval of the Colac Otway Shire Enterprise Agreement No.9, 2022.

An application has been made for approval of an enterprise agreement known as the Colac Otway Shire Enterprise Agreement No.9, 2022 (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 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.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2023. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Colac Otway Shire Council applied to the Fair Work Commission for approval of their proposed enterprise agreement, referred to as Enterprise Agreement No.9, 2022. The applicant, Colac Otway Shire Council, is a local government body in Victoria, while the respondents include several unions representing the employees of the council. The primary dispute revolves around the terms and conditions of employment for the council's staff, including wages, working hours, and other employment-related matters.

The key legal issues before the Fair Work Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions of employment. In particular, the Commission had to determine whether the agreement met the requirements for "direct" and "indirect" authorisation by employees and if it provided for terms and conditions that were "fair and reasonable" in all respects.

In reaching its decision, the Fair Work Commission examined the proposed agreement in detail, considering the submissions from both the applicant and the respondents. The Commission found that the agreement was properly authorised by the employees and met the legal requirements for indirect authorisation. Furthermore, the Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the council and its employees. Consequently, the Fair Work Commission approved the proposed enterprise agreement.

The Fair Work Commission's approval of Enterprise Agreement No.9, 2022, signifies that the terms and conditions set out in the agreement will apply to the employees of the Colac Otway Shire Council. This decision ensures that the council's workforce has a clear and legally binding framework governing their employment relationship, while also providing for a fair and reasonable resolution to the dispute between the council and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established