DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hindmarsh Shire Council
(AG2017/1402)

HINDMARSH SHIRE COUNCIL ENTERPRISE AGREEMENT, NO. 8, 2016

Local government administration
COMMISSIONER WILSON	MELBOURNE, 17 MAY 2017

Application for approval of the Hindmarsh Shire Council Enterprise Agreement, No. 8, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hindmarsh Shire Council Enterprise Agreement No. 8, 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hindmarsh Shire Council. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and Australian Municipal, Administrative, Clerical and Services Union, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2017. The nominal expiry date of the Agreement is 29 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved the Hindmarsh Shire Council and its application for approval of Enterprise Agreement No. 8, 2016. The application was brought in accordance with the relevant federal legislation governing the approval of enterprise agreements. The dispute centred around whether the agreement complied with the statutory requirements and whether it provided appropriate protections for the employees involved.

The primary legal issues that the court had to address were whether the agreement was genuinely an enterprise agreement, whether it complied with the relevant sections of the federal legislation, and whether the agreement provided fair and appropriate terms for the employees. The court needed to assess the procedural fairness of the agreement, including whether proper consultation had occurred with the employees, and whether the agreement was consistent with the legislative provisions regarding minimum entitlements and prohibited content.

In delivering its judgment, the court examined the terms of the agreement and the process by which it was negotiated and agreed upon. The court found that the agreement met the statutory criteria for an enterprise agreement, as it had been negotiated in good faith and included appropriate mechanisms for employee representation. The court also determined that the agreement did not contain any prohibited content and provided fair terms for the employees, including compliance with minimum entitlements. The court approved the agreement, finding it to be in compliance with the legislative requirements and fair to the employees.

The final orders of the court were that the Hindmarsh Shire Council Enterprise Agreement, No. 8, 2016, be approved and registered under the relevant federal legislation. The court's approval ensures that the agreement can now be implemented, providing a framework for the terms and conditions of employment for the council's employees.

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