DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corangamite Shire Council
(AG2017/3370)

CORANGAMITE SHIRE COUNCIL ENTERPRISE AGREEMENT 2017

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 DECEMBER 2017

Application for approval of the Corangamite Shire Council Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Corangamite Shire Council Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corangamite Shire Council. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Association of Professional Engineers, Scientists and Managers Australia, the Australian Municipal, Administrative, Clerical and Services Union 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 1 December 2017 and, in accordance with s.54, will operate from 8 December 2017. The nominal expiry date of the Agreement is 2 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Corangamite Shire Council, sought approval of the Corangamite Shire Council Enterprise Agreement 2017. The dispute was heard by the Fair Work Commission, which was required to consider whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The primary issues before the Commission were whether the agreement complied with the Good Faith Bargaining provisions and whether it provided for appropriate minimum rates of pay and conditions for the employees covered by the agreement.

The Commission found that the applicant had engaged in good faith bargaining with the relevant employee representatives. It was determined that the agreement contained provisions that met the minimum standards prescribed by the Fair Work Act, including those relating to minimum rates of pay, leave entitlements, and other conditions of employment. The Commission also noted that the agreement provided for a fair and reasonable process for the resolution of workplace disputes. Consequently, the application for approval of the Corangamite Shire Council Enterprise Agreement 2017 was successful.

The Fair Work Commission approved the Corangamite Shire Council Enterprise Agreement 2017, effective from the date of the decision. The agreement was deemed to provide for appropriate minimum rates of pay and conditions for the employees covered by it, and the Commission was satisfied that the applicant had engaged in good faith bargaining with the relevant employee representatives. The approval ensures that the employees of the Corangamite Shire Council are covered by a fair and reasonable enterprise agreement that meets the necessary legal standards.

Corangamite Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established