DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glamorgan Spring Bay Council
(AG2018/6059)

GLAMORGAN SPRING BAY COUNCIL ENTERPRISE AGREEMENT 2018-2021.

Local government administration
COMMISSIONER WILSON	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the Glamorgan Spring Bay Council Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Glamorgan Spring Bay Council Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glamorgan Spring Bay Council. The Agreement is a single enterprise agreement.

[2] 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.

[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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Glamorgan Spring Bay Council Enterprise Agreement 2018-2021. The applicants, Glamorgan Spring Bay Council, sought to have the agreement registered and declared as a registered agreement under the Fair Work Act 2009. The respondents were the union representing the employees, who contested the application on various grounds.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it was a genuine enterprise agreement, if it complied with the procedural fairness and good faith requirements, and if it included the appropriate minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the Commission needed to consider whether any of the provisions in the agreement contravened any of the unfair dismissal provisions in the Fair Work Act.

In its decision, the Commission found that the application met all the necessary criteria for approval. The Glamorgan Spring Bay Council Enterprise Agreement 2018-2021 was deemed a genuine enterprise agreement, compliant with the procedural fairness and good faith requirements, and it included the appropriate minimum terms and conditions. The Commission further concluded that none of the provisions in the agreement contravened the unfair dismissal provisions in the Fair Work Act. Consequently, the application was approved, and the agreement was registered as a registered agreement.

The final orders made by the Commission were that the Glamorgan Spring Bay Council Enterprise Agreement 2018-2021 be approved and registered as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

Glamorgan Spring Bay Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established