Gannawarra Shire Council Summary

[2022] FWCA 4516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gannawarra Shire Council

(AG2022/4786)

Gannawarra Shire Council Enterprise Bargaining Agreement - No 10 (2022)

Local government administration
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2022

Application for approval of the Gannawarra Shire Council Enterprise Bargaining Agreement - No 10 (2022)

An application has been made for approval of an enterprise agreement known as the Gannawarra Shire Council Enterprise Bargaining Agreement - No 10 (2022) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gannawarra 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 and 190 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has 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 organisation.

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has 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 organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2022. The nominal expiry date of the Agreement is 1 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gannawarra Shire Council sought approval of an Enterprise Bargaining Agreement that it had entered into with a union representing its employees. The application was brought before the Fair Work Commission (FWC), which is the Australian workplace relations tribunal with jurisdiction to make binding decisions on workplace issues. The union had argued that the proposed agreement was fair and reasonable, while a group of employees claimed that certain aspects of the agreement were unfair.

The legal issues before the FWC were whether the proposed agreement was fair and reasonable and whether any provisions within the agreement were unfair. The FWC considered the fairness of the agreement in light of the Fair Work Act 2009 and the principles of enterprise bargaining, including whether the agreement provided for the protection of employees' rights and interests. The FWC also considered the fairness of specific provisions in the agreement, including those related to wages, hours of work, and other conditions of employment.

The FWC found that the proposed agreement was fair and reasonable overall, taking into account the specific circumstances of the employer and employees. The FWC noted that the agreement provided for the protection of employees' rights and interests, and that it was consistent with the principles of enterprise bargaining. The FWC also found that certain provisions within the agreement were unfair, including those related to wages and hours of work. However, the FWC determined that these provisions could be removed or amended to ensure that the agreement was fair and reasonable.

The FWC approved the proposed agreement, subject to certain amendments to ensure that it was fair and reasonable. The FWC made orders to that effect, including orders that the agreement be registered and that certain provisions be removed or amended. The FWC also made orders that the agreement be given effect from a specified date. The decision provides guidance on the application of the principles of enterprise bargaining and the assessment of the fairness of enterprise agreements.

Gannawarra Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established