East Gippsland Shire Council Summary

[2014] FWCA 7561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Gippsland Shire Council
(AG2014/7642)

EAST GIPPSLAND SHIRE COUNCIL ENTERPRISE AGREEMENT NO 4.

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 23 OCTOBER 2014

Application for approval of the East Gippsland Shire Council Enterprise Agreement No 4.

[1] An application has been made for approval of an enterprise agreement known as the East Gippsland Shire Council Enterprise Agreement No 4 (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] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union, Australian Nurses and Midwifery Federation 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 the organisations.

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 30 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of the Fair Work Commission, the East Gippsland Shire Council was the subject of an application for approval of the council's Enterprise Agreement No 4. The agreement, which was proposed by the council, aimed to govern the employment conditions of its staff. The application was made in light of the council's need to formalise its employment framework in compliance with relevant industrial relations legislation. The dispute centred on whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues that the Fair Work Commission was required to address involved determining whether the proposed agreement provided for fair and reasonable terms and conditions, in accordance with the statutory requirements. This included assessing whether the agreement met the minimum standards set by the relevant awards and whether it contained provisions that were consistent with the objects of the Act. The Commission also had to consider whether the agreement was negotiated in good faith and whether it provided for the proper administration of the agreement.

The Fair Work Commission, after examining the proposed agreement in detail, concluded that it contained terms and conditions that were fair and reasonable. The Commission found that the agreement met the minimum standards and provided for appropriate terms in line with the objects of the Fair Work Act. The Commission was satisfied that the agreement had been negotiated in good faith and that it contained adequate provisions for its administration. Consequently, the Commission approved the East Gippsland Shire Council Enterprise Agreement No 4, ensuring that the council's employment framework was legally compliant and fair to both the council and its employees.

The final orders of the Fair Work Commission approved the Enterprise Agreement No 4 in its entirety, subject to the conditions set out in the decision. This approval ensures that the agreement can now be implemented by the East Gippsland Shire Council, providing a formalised employment framework for its staff.

East Gippsland Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established