Hepburn Shire Council

[2017] FWCA 3227

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hepburn Shire Council

(AG2017/1883)

Hepburn Shire Council Enterprise Agreement (No.8) 2017

Local government administration
Commissioner Wilson	MELBOURNE, 14 JUNE 2017

Application for approval of the Hepburn Shire Council Enterprise Agreement (No. 8) 2017.

An application has been made for approval of an enterprise agreement known as the Hepburn Shire Council Enterprise Agreement (No. 8) 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hepburn Shire 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 Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2017. The nominal expiry date of the Agreement is 13 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved the Hepburn Shire Council, which sought approval for its Enterprise Agreement (No. 8) 2017. The application was brought to the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues centred on whether the agreement complied with the provisions of the Act, particularly in terms of the process by which it was negotiated and the extent to which it addressed the interests of the employees it covered.

The Commission found that the agreement was, overall, in compliance with the relevant statutory requirements. It examined the process of negotiation and whether it involved genuine bargaining between the Council and the employee representatives. The Commission was satisfied that the process adhered to the legal standards, noting the documented evidence of extensive negotiations and the involvement of independent mediators where necessary. Additionally, the Commission assessed whether the agreement contained all the mandated terms and conditions and whether it adequately protected the interests of the employees, including provisions on wages, hours of work, and other employment conditions. Based on these findings, the Commission concluded that the agreement was fair and appropriate, and approved it.

The Fair Work Commission approved the Hepburn Shire Council Enterprise Agreement (No. 8) 2017, recognising that the agreement met the necessary criteria for approval. The Commission found the negotiation process to be genuine and the terms of the agreement to be fair and appropriate, providing adequate protections for the employees. The decision underscores the importance of adhering to the legislative framework when negotiating and finalising enterprise agreements, ensuring that they reflect the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established