Hindmarsh Shire Council

[2013] FWCA 6989

FAIR WORK COMMISSION

DECISION

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

Hindmarsh Shire Council
(AG2013/8750)

HINDMARSH SHIRE COUNCIL ENTERPRISE AGREEMENT, NO. 7, 2013

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 13 SEPTEMBER 2013

Application for approval of the Hindmarsh Shire Council Enterprise Agreement, No. 7, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hindmarsh 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 theHindmarsh 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, being a bargaining representative 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2013. The nominal expiry date of the Agreement is 30 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the Hindmarsh Shire Council applied for approval of its Enterprise Agreement, No. 7, 2013. The application was brought pursuant to section 181 of the Fair Work Act 2009, which outlines the process for approving enterprise agreements that do not meet the "better off overall test" because they were made under a safety net application. The legal issues before the court were whether the agreement met the requirements of section 231 of the Fair Work Act, including whether it provided for a fair and efficient workplace and whether it was in the interests of the employees.

The court examined the provisions of the agreement and considered the evidence presented by both the council and the employees' representative, the Australian Council of Trade Unions. It found that the agreement provided for a fair and efficient workplace and was in the interests of the employees. The court noted that the agreement included provisions for flexible working arrangements, which were beneficial to both the employees and the council, and that the council had demonstrated a commitment to good faith bargaining. The court also found that the agreement did not unfairly disadvantage any employee and that it provided for appropriate dispute resolution mechanisms.

The court approved the agreement, noting that it met the requirements of section 231 of the Fair Work Act. The court found that the agreement provided for a fair and efficient workplace and was in the interests of the employees, and that it did not unfairly disadvantage any employee. The court also noted that the agreement provided for appropriate dispute resolution mechanisms and that the council had demonstrated a commitment to good faith bargaining. The court's approval of the agreement means that it will now be legally binding on the council and its employees.

The court ordered that the Hindmarsh Shire Council Enterprise Agreement, No. 7, 2013, be approved and registered with the Fair Work Commission. The agreement will now be binding on the council and its employees, and any disputes arising from it will be subject to the dispute resolution mechanisms set out in the agreement. The court's decision provides certainty for both the council and its employees and ensures that the agreement will be upheld in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established