DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greater Bendigo City Council T/A City of Greater Bendigo
(AG2017/6757)

GREATER BENDIGO CITY COUNCIL ENTERPRISE AGREEMENT 2017

Local government administration
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2018

Application for approval of the Greater Bendigo City Council Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Greater Bendigo City Council Enterprise Agreement 2017 (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] 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 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Greater Bendigo City Council T/A City of Greater Bendigo, the Fair Work Commission was presented with an application for approval of an enterprise agreement. The dispute involved the Greater Bendigo City Council, as the employer, and its employees, represented by the relevant union. The Commission was tasked with reviewing and determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the terms and conditions outlined in the Greater Bendigo City Council Enterprise Agreement 2017 complied with the statutory requirements set out in the Fair Work Act. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any elements that might be considered detrimental to the employees or the broader industrial relations system.

The Commission thoroughly examined the provisions of the agreement, considering various factors including the overall fairness, the balance of rights and obligations, and the impact on both the employees and the employer. The Commission found that the agreement provided a fair and reasonable framework for the employment relationship, taking into account the economic and operational context of the Greater Bendigo City Council. Consequently, the Commission approved the application, confirming that the enterprise agreement met the necessary criteria for endorsement. The approval ensures that the agreement will govern the terms and conditions of employment for the relevant employees, providing a stable and agreed-upon framework for their working relationship with the Council.

Greater Bendigo City Council T/A City of Greater Bendigo

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established