DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Golden Plains Shire Council
(AG2017/6710)

GOLDEN PLAINS SHIRE COUNCIL ENTERPRISE AGREEMENT NO.8, 2017

Local government administration
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Golden Plains Council Enterprise Agreement No. 8, 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Golden Plains 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 Nursing and Midwifery Federation, The Association of Professional Engineers, Scientists and Managers, Australia and Australian Municipal, Administrative, Clerical and Services Union 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 24 July 2018. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Golden Plains Shire Council was the applicant in a matter before the Fair Work Commission, seeking approval for the Enterprise Agreement No. 8, 2017. The dispute centred around the procedural fairness of the bargaining process leading to the agreement and the compliance of the agreement with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was made in good faith and whether it complied with the requirements of the Act, including the provision of full particulars and the avoidance of prohibited content.

The legal issues before the Commission were whether the bargaining process was conducted in good faith and whether the agreement contained any terms that were prohibited by the Act. Additionally, the Commission had to assess whether the agreement provided sufficient particulars to meet the disclosure obligations under the Act. The Council argued that the process was fair and that the agreement was compliant, while the opposing party contended that there were procedural irregularities and that the agreement contained terms that were not permissible under the law.

The Fair Work Commission found that the bargaining process was conducted in good faith, despite some procedural shortcomings. The Commission noted that while there were delays and missed deadlines, these did not undermine the overall fairness of the process. Regarding the compliance of the agreement, the Commission determined that the Enterprise Agreement No. 8, 2017, met the requirements of the Act, including the provision of full particulars and the absence of prohibited content. The Commission was satisfied that the terms of the agreement were fair and reasonable, and that the agreement did not contain any provisions that would be contrary to the public interest.

The Commission approved the Enterprise Agreement No. 8, 2017, subject to certain conditions that aimed to address the procedural issues identified during the hearing. The final orders included a requirement for the Council to provide additional documentation to support the bargaining process and to ensure that all future agreements were made in accordance with the procedural requirements of the Act. The decision was significant in that it highlighted the importance of procedural fairness in the bargaining process and the need for compliance with the disclosure obligations under the Fair Work Act.

Golden Plains 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