Golden Plains Shire Council Summary

[2013] FWCA 8749

FAIR WORK COMMISSION

DECISION

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

Golden Plains Shire Council
(AG2013/9879)

GOLDEN PLAINS SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 7 - 2013

Local government administration
COMMISSIONER WILSON	MELBOURNE, 8 NOVEMBER 2013

Application for approval of the Golden Plains Shire Council Enterprise Agreement No. 7 - 2013.

[1] An application has been made for approval of an enterprise agreement known as the Golden Plains Shire Council Enterprise Agreement No. 7 - 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Golden Plains 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 ASU) and the Australian Nursing and Midwifery Federation (the ANMF), 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 the ASU and ANMF.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Golden Plains Shire Council, sought approval of its Enterprise Agreement No. 7 - 2013 from the Fair Work Commission. The dispute involved the interpretation and application of the Fair Work Act 2009, particularly concerning the procedural and substantive fairness of the agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Act.

The central legal issues revolved around whether the Council had followed proper procedures in negotiating and finalising the agreement and whether the terms of the agreement were fair and reasonable. The applicant argued that all necessary steps were taken in accordance with the Act, while no objections were raised by the respondents. The Commission had to assess the procedural fairness of the negotiations and the substantive fairness of the agreement's terms.

The Fair Work Commission found that the applicant had followed the required procedures in negotiating and finalising the agreement. The Commission noted that there were no objections to the agreement and that the terms were fair and reasonable. Consequently, the Commission approved the Golden Plains Shire Council Enterprise Agreement No. 7 - 2013. The decision underscored the importance of procedural and substantive fairness in the context of enterprise agreements under the Fair Work Act.

The Fair Work Commission approved the Golden Plains Shire Council Enterprise Agreement No. 7 - 2013, effective from 1 April 2013. The approval was contingent upon the Council adhering to the terms and conditions as outlined in the agreement.

Golden Plains Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established