| [2023] FWCA 2869 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Horsham Rural City Council
(AG2023/2716)
HORSHAM RURAL CITY COUNCIL ENTERPRISE AGREEMENT NUMBER TEN, 2022-2025
| Local government administration | |
| COMMISSIONER TRAN | MELBOURNE, 6 SEPTEMBER 2023 |
Application for approval of the Horsham Rural City Council Enterprise Agreement Number Ten, 2022-2025
An application has been made for approval of an enterprise agreement known as the Horsham Rural City Council Enterprise Agreement Number Ten, 2022-2025 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Horsham Rural City Council.
The Agreement is a single enterprise agreement.
I had concerns that the Agreement did not meet the requirement of passing the better off overall test as provided for in ss 186(2) and 193 of the Act, particularly in relation to allowances in various clauses in the Agreement. In email correspondence, I sought the view of the parties and specified amendments to the Agreement that I considered necessary to address my concerns, pursuant to s 191A of the Act. The employer provided an updated Agreement, incorporating the specified amendments and all parties were offered an opportunity to provide a response prior to this decision.
As a result of the above, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
The Australian Nursing and Midwifery Federation, The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Services Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that each organisation want the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers each of the organisations.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 September 2023. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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- AGLC
- Horsham Rural City Council [2023] FWCA 2869
- Case
- [2023] FWCA 2869
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved determining whether the proposed agreement appropriately balanced the interests of both the council and its employees. The court needed to consider whether the terms were consistent with the Fair Work Act, including provisions on minimum wages, conditions, and procedural fairness. Additionally, the court assessed whether the agreement was fairly negotiated and met the criteria for a "single, clear and complete" agreement.
The Fair Work Commission reviewed the application and found that the proposed agreement satisfied all statutory requirements. The agreement was deemed to be fairly negotiated and comprehensive, covering all necessary terms and conditions. The commission approved the agreement, noting that it appropriately balanced the interests of both the council and its employees. This decision was based on the evidence provided, which demonstrated compliance with the Fair Work Act and adherence to the principles of enterprise bargaining.
The commission's final order was the approval of the Horsham Rural City Council Enterprise Agreement Number Ten, 2022-2025, effective from the date of the decision. The agreement was accepted as meeting the necessary legal standards and providing a fair and balanced framework for the council and its employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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