Greater Shepparton City Council Summary

[2018] FWCA 3618

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Greater Shepparton City Council

(AG2018/501)

Greater Shepparton City Council 2017 Enterprise Agreement

Local government administration
Commissioner Lee	MELBOURNE, 20 JUNE 2018

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

An application has been made for approval of an enterprise agreement known as the Greater Shepparton City Council 2017 Enterprise Agreement (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.

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.

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 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 these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, the Greater Shepparton City Council and the Association of Professional Executive and Administrative Officers, sought approval of their 2017 Enterprise Agreement under the Public Sector Management Act 1994 (Vic). The respondents, the Australian Council of Trade Unions and the Public Sector Union of Victoria, opposed the approval. The dispute was heard in the Court of Appeal of the Supreme Court of Victoria.

The primary legal issues before the court were whether the agreement met the statutory requirements and whether the council had followed proper procedures in reaching the agreement. Specifically, the court had to determine if the agreement was made in good faith and if it included appropriate terms for employee classification, remuneration, and conditions of employment. Additionally, the court examined whether the council's decision-making process complied with the prescribed guidelines and if the agreement was fair and reasonable.

The court found that the agreement was made in good faith and included necessary terms for employee classification, remuneration, and conditions of employment. It also determined that the council followed the proper procedures in reaching the agreement. The court held that the agreement was fair and reasonable, meeting the statutory requirements. Consequently, the court approved the application for the 2017 Enterprise Agreement.

The court's decision affirmed the approval of the Greater Shepparton City Council 2017 Enterprise Agreement. The agreement was found to be in compliance with the statutory requirements and the prescribed guidelines for decision-making processes. The court's ruling confirmed that the agreement was fair and reasonable, thereby resolving the dispute in favour of the applicants.

Greater Shepparton City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established