Hepburn Shire Council

[2022] FWCA 1212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hepburn Shire Council

(AG2022/690)

Hepburn Shire Council Enterprise Agreement (No. 9) 2021

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 APRIL 2022

Application for the approval of Hepburn Shire Council Enterprise Agreement (No. 9) 2021

An application has been made by Hepburn Shire Council pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Hepburn Shire Council Enterprise Agreement (No. 9) 2021 (the Agreement).

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 Association of Professional Engineers, Scientists and Managers, Australia and the Australian Municipal, Administrative, Clerical and Services Union, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2022. The nominal expiry date of the Agreement is 6 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Hepburn Shire Council sought approval for its Enterprise Agreement (No. 9) 2021. The Council engaged in negotiations with the Australian Services Union, which resulted in the proposed agreement. The application for approval was filed by the Council, with the Union providing its support. The dispute centred around the terms and conditions of employment within the Council, including wages, working hours, and other employment-related matters. The Fair Work Commission was tasked with reviewing the proposed agreement to ensure it met the statutory requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement complied with the provisions of the Fair Work Act, particularly concerning the fairness and reasonableness of the terms. The Commission had to assess if the agreement provided for appropriate protections for employees, ensured a fair balance between the parties, and adhered to the requirements for procedural fairness during the negotiation process. Additionally, the Commission needed to consider the impact of the agreement on the employees' rights and entitlements under the National Employment Standards.

The Fair Work Commission determined that the proposed agreement was fair and reasonable. The Commission found that the negotiation process was procedurally sound, with both parties engaging in good faith. The terms of the agreement provided adequate protections for the employees, balanced the interests of both parties, and did not disadvantage any employee. The Commission was satisfied that the agreement met all statutory requirements and did not undermine the employees' rights and entitlements. Consequently, the Commission approved the Hepburn Shire Council Enterprise Agreement (No. 9) 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established