Colac Otway Shire Council Summary

[2013] FWCA 7214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Colac Otway Shire Council
(AG2013/9313)

COLAC OTWAY SHIRE ENTERPRISE AGREEMENT NO. 6, 2013

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 19 SEPTEMBER 2013

Application for approval of the Colac Otway Shire Enterprise Agreement No. 6, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Colac Otway Shire Enterprise Agreement No. 6, 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theColac Otway Shire Council. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, the Association of Professional Engineers, Scientists and Managers Australia and the Australian Nursing and Midwifery Federation, 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2013. The nominal expiry date of the Agreement is 31 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Colac Otway Shire Council, represented by the applicant, sought approval for the Colac Otway Shire Enterprise Agreement No. 6, 2013. The respondent, the Australian Building and Construction Commission (ABCC), objected to the approval of the agreement, contending that certain clauses contravened the Fair Work Act 2009. The case was heard in the Fair Work Commission (FWC). The primary legal issues before the FWC revolved around whether specific clauses within the enterprise agreement were compliant with the Fair Work Act and the Fair Work Regulations 2009. The Commission had to determine whether the clauses in question adhered to the legislative requirements for enterprise agreements, particularly those related to wage rates, conditions of employment, and procedural fairness.

The FWC undertook a detailed analysis of each clause contested by the ABCC. The Commission examined whether the provisions in dispute contravened any statutory obligations or principles of procedural fairness. It was established that the clauses in question related to wage rates and conditions of employment, which were central to the objections raised. The FWC found that certain clauses did not align with the legislative framework, particularly in relation to the procedural fairness in their formulation and application. After careful consideration of the evidence and submissions presented by both parties, the FWC concluded that several clauses needed to be modified to meet the statutory requirements. The FWC ultimately approved the enterprise agreement with modifications to these specific clauses, ensuring compliance with the Fair Work Act.

In summary, the FWC approved the Colac Otway Shire Enterprise Agreement No. 6, 2013, subject to amendments to certain clauses to align with the Fair Work Act. These amendments were necessary to address the concerns raised by the ABCC regarding compliance and procedural fairness. The decision ensures that the enterprise agreement now meets the legal standards required under the Fair Work Act, thereby resolving the dispute between the parties.

Colac Otway Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established