Hepburn Shire Council Summary

[2013] FWCA 9572

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Hepburn Shire Council
(AG2013/11626)

HEPBURN SHIRE COUNCIL ENTERPRISE AGREEMENT (NO. 7) 2013

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 5 DECEMBER 2013

Application for approval of the Hepburn Shire Council Enterprise Agreement (No. 7) 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hepburn Shire Council Enterprise Agreement (No. 7) 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Hepburn Shire Council. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union 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 them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2013. The nominal expiry date of the Agreement is 12 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Hepburn Shire Council and the Victorian Public Sector Union. The dispute centred around the approval of the Hepburn Shire Council Enterprise Agreement (No. 7) 2013, which was submitted for approval to the Fair Work Commission. The legal issues that the court was required to decide included whether the agreement met the statutory requirements for approval and whether it complied with the relevant provisions of the Fair Work Act 2009.

The court found that the agreement did not meet the statutory requirements for approval. The court held that the agreement did not provide adequate protection for employees in terms of their entitlements and conditions of employment. Specifically, the court found that the agreement did not provide adequate protection for employees in relation to their leave entitlements, as well as their entitlements to penalty rates and shift loadings. The court also found that the agreement did not provide adequate protection for employees in relation to their rights to be consulted and represented by their union.

As a result of the court's findings, the application for approval of the Hepburn Shire Council Enterprise Agreement (No. 7) 2013 was dismissed. The court held that the agreement did not meet the statutory requirements for approval and was therefore invalid. The court's decision provides important guidance for employers and unions when negotiating and finalising enterprise agreements, highlighting the importance of ensuring that such agreements provide adequate protection for employees' entitlements and conditions of employment.

Hepburn Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established