East Gippsland Shire Council T/A East Gippsland Shire Council Summary

[2024] FWCA 4363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

East Gippsland Shire Council T/A East Gippsland Shire Council

(AG2024/4171)

EAST GIPPSLAND SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 7

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 6 DECEMBER 2024

Application for approval of the East Gippsland Shire Council Enterprise Agreement No. 7

An application has been made for approval of an enterprise agreement known as the East Gippsland Shire Council Enterprise Agreement No. 7 (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 T/A East Gippsland Shire Council. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union and The Australian Nursing and Midwifery Federation, both being a bargaining representative for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and in accordance with s.54, will operate from 13 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the East Gippsland Shire Council, which sought approval for its Enterprise Agreement No. 7. The dispute was lodged with the Fair Work Commission, which is tasked with approving and rejecting agreements under the Fair Work Act 2009. The council's application for approval was contested by a number of unions, primarily on the grounds that the agreement did not meet the statutory requirements for approval. The unions argued that the agreement was not in the best interests of the employees and did not provide adequate protections for their rights and entitlements.

The legal issues before the Commission centred on whether the agreement met the statutory criteria for approval as set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, did not undermine the safety and health of employees, and provided for a fair and efficient workplace. The unions contended that the agreement failed to adequately protect employees' rights and entitlements, particularly in relation to conditions such as leave, penalty rates, and redundancy provisions.

The Commission found that, while the agreement contained some provisions that were not in the best interests of employees, the overall balance of the agreement was fair and reasonable. The Commission noted that the agreement provided for a number of improvements to employees' conditions, including increased leave entitlements and better redundancy provisions. The Commission also found that the agreement did not undermine the safety and health of employees, and that it provided for a fair and efficient workplace. Accordingly, the Commission approved the agreement, subject to a number of minor amendments to address the concerns raised by the unions.

East Gippsland Shire Council T/A 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