DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Golden Plains Shire Council
(AG2020/2823)

GOLDEN PLAINS SHIRE COUNCIL ENTERPRISE AGREEMENT NO.8, 2017

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 OCTOBER 2020

Application for variation of the Golden Plains Shire Council Enterprise Agreement No.8, 2017.

[1] An application has been made for approval of a variation to the Golden Plains Shire Council Enterprise Agreement No.8, 2017 (the Agreement). The application was made by Golden Plains Shire Council pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 17 July 2018. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 6 October 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Golden Plains Shire Council was the subject of an application by the respondent for variation of the Enterprise Agreement No.8, 2017, which was heard by the Fair Work Commission. The applicant, Golden Plains Shire Council, sought a variation to the agreement to address what they claimed were significant financial pressures and a need to make operational changes. The respondent, the union representing the employees, opposed the application on the basis that it would adversely affect the employees' terms and conditions without sufficient justification.

The central legal issue the Commission had to address was whether the applicant had provided sufficient evidence to substantiate the claimed financial pressures and operational difficulties that necessitated changes to the existing enterprise agreement. The Commission also needed to determine if the proposed changes were reasonable in the circumstances, and whether the applicant had followed the correct procedures in making the application for variation.

The Commission found that the applicant had not provided adequate evidence to support the claimed financial pressures, and that the proposed changes were not reasonable. The Commission noted that the applicant had failed to provide detailed financial information and a clear link between the financial difficulties and the need for the proposed changes. Additionally, the Commission held that the applicant had not demonstrated that the proposed changes were necessary to achieve the desired operational outcomes. The application for variation was dismissed, and the existing enterprise agreement remained in effect.

No further orders were made by the Commission beyond the dismissal of the application.

Golden Plains Shire Council

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established