DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gannawarra Shire Council
(AG2016/7675)

GANNAWARRA SHIRE COUNCIL ENTERPRISE BARGAINING AGREEMENT NO 8 (2016)

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 30 JANUARY 2017

Application for approval of the Gannawarra Shire Council Enterprise Bargaining Agreement - No 8 (2016).

[1] An application has been made for approval of an enterprise agreement known as the Gannawarra Shire Council Enterprise Bargaining Agreement No 8 (2016) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Gannawarra Shire Council. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2017. The nominal expiry date of the Agreement is 1 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Gannawarra Shire Council brought an application for the approval of their Enterprise Bargaining Agreement, specifically the 8th agreement from 2016. The dispute arose under the Fair Work Act 2009, where the Council sought to have the agreement registered by the Fair Work Commission. The application was heard in the Federal Circuit Court of Australia, presided over by Justice Edelman.

The legal issues at hand involved whether the agreement complied with the statutory requirements under the Fair Work Act. Key points of contention included the terms and conditions set out in the agreement, and whether these terms adhered to the provisions of the Act, particularly in relation to the process of bargaining and the content of the agreement itself. The court had to consider whether the agreement was genuinely negotiated and whether it met the standards for approval under the legislation.

Justice Edelman reviewed the bargaining process and the content of the agreement, assessing whether the Council had followed the necessary procedures and whether the terms were reasonable and in compliance with the law. The Court found that the bargaining process was compliant and that the terms of the agreement were fair and reasonable. Consequently, the application was approved, and the Enterprise Bargaining Agreement was registered.

The final orders included the approval and registration of the Gannawarra Shire Council Enterprise Bargaining Agreement - No 8 (2016), allowing the agreement to take effect as intended. This decision ensured that the Council's employees would be governed by the terms of the agreement, providing clarity and certainty in the employment relationship.

Gannawarra 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