Greater Shepparton City Council Summary

[2014] FWCA 5739

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greater Shepparton City Council
(AG2014/8514)

GREATER SHEPPARTON CITY COUNCIL 2014 ENTERPRISE AGREEMENT

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 20 AUGUST 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Greater Shepparton City Council 2014 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.

[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 27 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Greater Shepparton City Council, sought approval from the Fair Work Commission for the 2014 Enterprise Agreement. The agreement was challenged by the respondent, the Public Service Association of Victoria. The dispute centred on various terms and conditions within the proposed agreement, which the respondent argued did not comply with statutory requirements or were otherwise unfair.

The central legal issue before the court was whether the terms of the Greater Shepparton City Council 2014 Enterprise Agreement met the necessary statutory criteria and were fair. This involved an assessment of the agreement's compliance with the Fair Work Act 2009, particularly sections concerning the application process for enterprise agreements and the standards of procedural fairness. Additionally, the court examined whether the agreement's terms were fair and reasonable in all aspects, including remuneration, conditions of employment, and other related provisions.

In its decision, the Fair Work Commission determined that the majority of the agreement's terms were in compliance with the statutory requirements and were fair. The Commission noted that while some minor procedural issues were present, these did not significantly detract from the overall fairness of the agreement. The Commission emphasised the importance of procedural fairness in the negotiation and approval process, but found that the Council had sufficiently met these requirements. Consequently, the Commission approved the Greater Shepparton City Council 2014 Enterprise Agreement, subject to certain minor modifications to address the identified procedural concerns.

The final orders of the Fair Work Commission included the approval of the Greater Shepparton City Council 2014 Enterprise Agreement, with the aforementioned minor modifications to be implemented. These modifications were designed to ensure compliance with the statutory procedural requirements and to maintain the integrity of the agreement's terms. The Commission's decision was based on a comprehensive review of the agreement and a determination that its overall fairness and compliance with statutory standards were satisfactory.

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