DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greater Shepparton City Council
(AG2021/5246)

GREATER SHEPPARTON CITY COUNCIL ENTERPRISE AGREEMENT 2020

Local government administration
COMMISSIONER WILSON	MELBOURNE, 9 JUNE 2021

Application for approval of the Greater Shepparton City Council Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Greater Shepparton City Council Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greater Shepparton City Council. The Agreement is a single enterprise agreement.

[2] 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.

[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 Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation and The Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Greater Shepparton City Council sought approval of the Greater Shepparton City Council Enterprise Agreement 2020 from the Fair Work Commission. The application was opposed by the Australian Services Union. The dispute centred on various provisions within the agreement, particularly those relating to pay rates, conditions of employment, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and whether it was in the best interests of the employees and the council.

The central legal issues before the Commission involved assessing the fairness and reasonableness of the proposed agreement. The Commission had to consider whether the agreement complied with the Fair Work Act 2009 and whether it provided for a fair and efficient means of resolving disputes. Additionally, the Commission needed to evaluate if the agreement was beneficial to the employees and the council, ensuring it did not undermine the principles of the Fair Work Act.

The Commission, after examining the evidence and arguments presented by both parties, concluded that the proposed agreement was fair and reasonable. It found that the agreement met the necessary legal standards and was in the best interests of both the employees and the council. The Commission highlighted that the agreement provided for equitable pay rates, reasonable working conditions, and an effective dispute resolution process. The Commission approved the agreement, emphasising the importance of maintaining a balanced relationship between the council and its employees.

The final orders of the Commission approved the Greater Shepparton City Council Enterprise Agreement 2020, effective from the date of the decision. The Commission's approval signified that the agreement was in accordance with the Fair Work Act and served the interests of both parties involved. The decision underscored the importance of fair and reasonable enterprise agreements in fostering productive industrial relations.

Greater Shepparton City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established