Glenelg Shire Council Summary

[2013] FWCA 7491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Glenelg Shire Council
(AG2013/9243)

GLENELG SHIRE COUNCIL ENTERPRISE AGREEMENT NO 6 - 2013

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 26 SEPTEMBER 2013

Application for approval of the Glenelg Shire Council Enterprise Agreement No 6 - 2013.

[1] An application has been made for approval of an enterprise agreement known as the Glenelg Shire Council Enterprise Agreement No 6 - 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theGlenelg Shire Council. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, the Association of Professional Engineers, Scientists and Managers, Australia, 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2013. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Glenelg Shire Council, sought approval for Enterprise Agreement No 6 - 2013, which was the subject of a dispute between the Council and its employees represented by the Public Sector Union. The case was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009, including minimum terms and conditions of employment. The Commission had to determine if the agreement met the requirements for a lawful and fair enterprise agreement under the Act.

In delivering its decision, the Commission considered the provisions of the proposed agreement in light of the statutory minimum terms and conditions. The Commission noted that the agreement contained terms and conditions that met or exceeded the minimum standards set by the Fair Work Act. The Commission also considered the nature of the agreement, which was negotiated in good faith between the parties, and was not made in circumstances that were unfair to any party. As a result, the Commission found that the proposed agreement complied with the requirements of the Act.

The Fair Work Commission approved the Glenelg Shire Council Enterprise Agreement No 6 - 2013, finding that it complied with the relevant provisions of the Fair Work Act 2009. The Commission noted that the agreement contained terms and conditions that met or exceeded the statutory minimum standards and was negotiated in good faith. The Commission also found that the agreement was not made in circumstances that were unfair to any party. As a result, the proposed agreement was approved, and the dispute between the Council and its employees was resolved.

Glenelg Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established