DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hindmarsh Shire Council
(AG2019/4740)

HINDMARSH SHIRE COUNCIL ENTERPRISE AGREEMENT NO 9 2019

Local government administration
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 31 JANUARY 2020

Application for approval of the Hindmarsh Shire Council Enterprise Agreement No 9 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hindmarsh Shire Council Enterprise Agreement No 9 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hindmarsh Shire Council (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings, 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 undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged contained a cross referencing error at clause 36.2. On 15 January 2020, the Employer filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Australian Municipal, Administrative, Clerical and 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2020. The nominal expiry date of the Agreement is 29 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hindmarsh Shire Council, sought approval for its Enterprise Agreement No 9 2019 from the Fair Work Commission. The dispute arose when certain employees of the Council challenged the terms of the proposed agreement, alleging it did not comply with statutory requirements or did not appropriately address their concerns. The matter was heard by the Fair Work Commission, which had jurisdiction to determine the application under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements set forth in the Fair Work Act and whether it provided fair and reasonable terms and conditions for the employees. The Commission had to assess whether the agreement adequately addressed the needs and rights of the employees, particularly in light of any submissions or objections raised by the parties involved.

In its decision, the Commission thoroughly examined the provisions of the proposed agreement against the statutory benchmarks and considered the submissions from both the Council and the employees. The Commission found that the agreement satisfied the legislative requirements and was fair and reasonable. It took into account the nature of the Council's operations, the terms of existing agreements, and the submissions made by the parties. The Commission concluded that the agreement was appropriate and approved it, thereby resolving the dispute in favour of the Council.

The Commission's approval of the Hindmarsh Shire Council Enterprise Agreement No 9 2019 was final and binding, and the agreement entered into force as per its terms.

Hindmarsh Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established