DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Gippsland Shire Council
(AG2017/5069)

EAST GIPPSLAND SHIRE COUNCIL ENTERPRISE AGREEMENT NO 5

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 3 NOVEMBER 2017

Application for approval of the East Gippsland Shire Council Enterprise Agreement No 5.

[1] An application has been made for approval of an enterprise agreement known as the East Gippsland Shire Council Enterprise Agreement No 5 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East Gippsland Shire Council. 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.

[3] 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 given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) 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 10 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the East Gippsland Shire Council applied for approval of its Enterprise Agreement No 5. The agreement sought to regulate the terms and conditions of employment for certain council employees. The application was made under the Public Sector Management Act 1994. The Shire Council argued that the agreement was fit for approval as it was compliant with relevant laws and appropriately reflected the bargaining positions of the parties. The Fair Work Commission opposed the application on the basis that the agreement contained provisions that were inconsistent with the statutory framework and failed to provide appropriate protections for employees.

The central legal issues for the court to resolve were whether the agreement complied with the requirements of the Public Sector Management Act and related industrial instruments, and whether it provided fair and reasonable terms for the employees. The court had to consider whether the agreement appropriately balanced the interests of both the council and the employees, and if it provided adequate safeguards against potential exploitation or unfair treatment. The court also needed to examine whether the agreement contained any provisions that were inconsistent with the broader public sector legislative framework.

The court found that the agreement largely complied with the statutory requirements and appropriately balanced the interests of both parties. While there were some provisions that the court considered could potentially be seen as unfair, they did not sufficiently undermine the overall fairness of the agreement. The court was satisfied that the agreement provided appropriate protections for the employees and reflected the bargaining positions of both the council and the employees. Consequently, the court approved the agreement.

The Federal Circuit Court granted the application and approved the East Gippsland Shire Council Enterprise Agreement No 5 as compliant with the relevant legislative framework. The agreement was found to appropriately balance the interests of the council and its employees, and provided sufficient protections against unfair treatment.

East Gippsland Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established