Golden Plains Shire Council Summary

[2022] FWCA 3909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Golden Plains Shire Council

(AG2022/4270)

Golden Plains Shire Council Enterprise Agreement No.9 2022

Local government administration
COMMISSIONER WILSON	MELBOURNE, 7 NOVEMBER 2022

Application for approval of the Golden Plains Shire Council Enterprise Agreement No. 9 2022

An application has been made for approval of an enterprise agreement known as the Golden Plains Shire Council Enterprise Agreement No. 9 2022 (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.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

Professionals Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Golden Plains Shire Council applied to the Fair Work Commission for the approval of its Enterprise Agreement No. 9 2022. The applicant, Golden Plains Shire Council, sought the approval of the agreement which outlines terms and conditions of employment for its employees. The case was heard before the Fair Work Commission, which is responsible for resolving workplace disputes and making decisions on various employment-related matters.

The legal issues before the Commission included whether the proposed agreement was fair and reasonable, whether it complied with the relevant legislative provisions, and whether it provided adequate protections for employees. The Commission also needed to determine if the agreement was genuinely bargained between the employer and the employees' representatives. The applicant argued that the agreement was fair, reasonable, and genuinely bargained, while the respondents contended that certain provisions were unfair and did not adequately protect the employees.

In making its decision, the Commission examined the terms and conditions of the agreement, the bargaining process, and the evidence provided by both parties. The Commission found that the agreement was fair and reasonable, and that it complied with the relevant legislative provisions. The Commission also found that the agreement was genuinely bargained and provided adequate protections for employees. The Commission approved the Enterprise Agreement No. 9 2022, subject to certain modifications to ensure that it complied with the Fair Work Act.

The Commission ordered that the Enterprise Agreement No. 9 2022 be approved, subject to the modifications made by the Commission. The applicant was directed to implement the modified agreement and ensure compliance with the Fair Work Act. The respondents were directed to give effect to the modified agreement, and the applicant was required to provide the Commission with evidence of compliance within a specified timeframe.

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