Greater Shepparton City Council

[2024] FWCA 3912

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Greater Shepparton City Council

(AG2024/3684)

GREATER SHEPPARTON CITY COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 8 NOVEMBER 2024

Application for approval of the Greater Shepparton City Council Enterprise Agreement 2024

Greater Shepparton City Council has applied for approval of an enterprise agreement known as the Greater Shepparton City Council Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act) and is a single enterprise agreement.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Australian Nursing and Midwifery Federation (ANMF), being the 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. The ASU supports approval of the Agreement.

I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·Clause 2.14 (b)
·Clause 5.4

However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Greater Shepparton City Council and was before the Fair Work Commission. The council sought approval for the 2024 Enterprise Agreement, which outlined the terms and conditions of employment for its workers. The agreement was challenged on various grounds, including whether it met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed agreement complied with the legislative criteria for approval. Key concerns included whether the agreement provided for fair and reasonable terms and conditions, and if it contained mandatory provisions required by the Act. The Commission also had to consider if the agreement was made in good faith and if it included appropriate mechanisms for resolving disputes.

The Commission carefully examined the provisions of the agreement, taking into account submissions from both the council and the union representing the employees. It found that the agreement met the statutory requirements and was fair and reasonable. The Commission noted that the agreement provided for adequate terms and conditions, included mandatory provisions, and was made in good faith. The resolution mechanisms were deemed sufficient to address any disputes that might arise. Consequently, the Commission approved the agreement, confirming its compliance with the relevant legislation.

The final orders of the Commission were that the Greater Shepparton City Council Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009. The agreement was registered, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established