DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenelg Shire Council
(AG2017/3527)

GLENELG SHIRE COUNCIL ENTERPRISE AGREEMENT NO 7 - 2017

Local government administration
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Glenelg Shire Council Enterprise Agreement No 7 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Glenelg Shire Council Enterprise Agreement No 7 – 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glenelg 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Association of Professional Engineers, Scientists and Managers, Australia, the Australian Municipal, Administrative, Clerical and Services Union and the Australian Nursing and Midwifery Federation, 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, the Glenelg Shire Council, sought approval from the Fair Work Commission for Enterprise Agreement No 7 - 2017. This application was opposed by several unions representing the council's employees. The crux of the dispute centred on various clauses within the proposed agreement, specifically those concerning wages, working conditions, and other employment terms. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and was fair and reasonable in all respects.

The legal issues before the Commission included whether the proposed agreement provided for a safety net of minimum wages and conditions, whether it contained provisions that were discriminatory or otherwise unfair, and whether it complied with statutory requirements. A key point of contention was the proposed differential in wages between existing employees and new recruits, a matter that raised questions about fairness and compliance with the principles of enterprise bargaining.

In reaching its decision, the Commission considered the broader context of the agreement, including its potential impact on the employees and the council. It found that, overall, the agreement was fair and reasonable, providing an appropriate safety net of minimum wages and conditions. The Commission also noted that while the differential in wages was a point of contention, it did not render the agreement unfair when considered in the context of the council's financial constraints and the need for a sustainable agreement. Consequently, the Commission approved the application, subject to certain conditions designed to ensure ongoing compliance and fairness.

The final orders of the Commission approved Enterprise Agreement No 7 - 2017, with specific provisions to be implemented to address the concerns raised during the hearing. The agreement was to come into effect on the date of the Commission's decision, with the specified conditions to be monitored and enforced to ensure adherence to the approved terms.

Glenelg 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