Corangamite Shire Council

[2021] FWCA 6170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corangamite Shire Council
(AG2021/7412)

CORANGAMITE SHIRE COUNCIL ENTERPRISE AGREEMENT 2021

Local government administration
DEPUTY PRESIDENT MANSINI	MELBOURNE, 8 OCTOBER 2021

Application for approval of the Corangamite Shire Council Enterprise Agreement 2021.

[1] Corangamite Shire Council has applied for approval of a single enterprise agreement known as the Corangamite Shire Council Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission inquired about the pre-approval steps and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these matters.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting clause 1.4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Australian Nursing and Midwifery Federation, the Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 8 October 2021 and, in accordance with s.54, will operate from 15 October 2021. The nominal expiry date of the Agreement is 2 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Corangamite Shire Council sought approval of the 2021 Enterprise Agreement, which it had entered into with its employees. The applicants, including the Council and various unions, argued that the agreement met the criteria for approval as it provided for fair and reasonable wages and conditions, and had been negotiated in good faith. The respondents, comprising several individual employees, contested the application, claiming that the agreement did not adequately address certain working conditions and entitlements.

The central legal issues revolved around whether the agreement fulfilled the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was genuinely negotiated, and if it provided for fair and reasonable terms and conditions of employment. This involved scrutinising the negotiation process and evaluating the provisions of the agreement against the benchmarks set by the Act.

The Commission found that the agreement was the product of genuine negotiations and contained terms and conditions that were fair and reasonable. It acknowledged the efforts made by the Council and the unions to reach a consensus and recognised that the agreement balanced the interests of both parties. The Commission was satisfied that the process adhered to the principles of good faith bargaining and that the terms provided adequate protections and benefits for the employees. Consequently, the application for approval was upheld.

The Fair Work Commission approved the Corangamite Shire Council Enterprise Agreement 2021, confirming its validity and enforceability under the Fair Work Act. The decision set a precedent for the terms and conditions of employment for the employees of the Council, ensuring that they were covered by a legally binding agreement that met all necessary statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established