Greater Bendigo City Council T/A City of Greater Bendigo

[2014] FWCA 6524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greater Bendigo City Council T/A City of Greater Bendigo
(AG2014/7399)

GREATER BENDIGO CITY COUNCIL ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 17 SEPTEMBER 2014

Application for approval of the Greater Bendigo City Council Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Greater Bendigo City Council Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greater Bendigo City Council T/A City of Greater Bendigo. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 24 September 2014. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Greater Bendigo City Council Trading as City of Greater Bendigo sought approval for the Greater Bendigo City Council Enterprise Agreement 2014. The dispute arose from negotiations between the Council and the employees represented by the Municipal and Shire Officers Association. The application was heard by the Commission, which needed to determine whether the agreement met the statutory requirements for approval.

The central legal issues before the Commission were whether the agreement was negotiated in good faith, whether it complied with the prescribed processes for enterprise agreements, and whether it contained the necessary provisions to ensure the agreement was fair and reasonable. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of both the Council and the employees.

The Commission examined the negotiation process and found that it was conducted in good faith, with both parties engaging in meaningful discussions and exchanging relevant information. The Commission also determined that the agreement complied with the prescribed processes, including the provision of required notices and the opportunity for employees to be represented by a union. Furthermore, the agreement contained all the necessary provisions to ensure it was fair and reasonable, including provisions on wages, conditions of employment, and dispute resolution mechanisms. The Commission concluded that the agreement appropriately balanced the interests of both parties and approved the application.

The Fair Work Commission approved the Greater Bendigo City Council Enterprise Agreement 2014, effective from the date of the decision. The Commission's approval was based on the finding that the agreement was negotiated in good faith, complied with the prescribed processes, and contained the necessary provisions to ensure it was fair and reasonable. The agreement now serves as the basis for the employment conditions of the employees represented by the Municipal and Shire Officers Association.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established