DECISION

Fair Work Act 2009
s.210—Enterprise agreement

East Gippsland Shire Council T/A East Gippsland Shire Council
(AG2020/1489)

EAST GIPPSLAND SHIRE COUNCIL ENTERPRISE AGREEMENT NO 5.

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2020

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

[1] An application has been made for approval of a variation to the East Gippsland Shire Council Enterprise Agreement No 5. (the Agreement). The application was made by East Gippsland Shire Council T/A East Gippsland Shire Council pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] 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.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 26 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of East Gippsland Shire Council T/A East Gippsland Shire Council, the application was brought before the Fair Work Commission by the employer, seeking variation of the East Gippsland Shire Council Enterprise Agreement No 5. The dispute primarily revolved around the interpretation and potential modification of certain provisions within the enterprise agreement, specifically targeting clauses related to employee entitlements and conditions of employment. The Fair Work Commission was tasked with determining whether the proposed variations were in line with the legal standards and equitable for both the employer and the employees represented by the union.

The legal issues at the heart of this case centred on the interpretation of the existing enterprise agreement and the justification for the proposed changes. The employer argued that the variations were necessary to align the agreement with current economic conditions and operational requirements, while the union contended that the changes would adversely affect employee rights and conditions without sufficient justification. The Commission had to assess the balance between the employer's operational needs and the employees' rights, ensuring that any modifications were fair and reasonable.

The Fair Work Commission carefully examined the submissions from both parties, considering the economic context and the impact of the proposed changes on the employees. The Commission found that while the employer had demonstrated a need for some modifications, the proposed changes to certain entitlements went beyond what was necessary and equitable. Consequently, the Commission approved some of the variations but rejected others, emphasising the need for a fair and balanced approach in enterprise bargaining.

The Fair Work Commission made specific orders regarding the variations to the enterprise agreement, approving some changes while rejecting others. The decision underscored the importance of maintaining a fair and balanced approach in enterprise bargaining, reflecting the need to accommodate both the employer's operational needs and the employees' rights.

East Gippsland Shire Council T/A East Gippsland 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