DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Horsham Rural City Council
(AG2016/7151)

HORSHAM RURAL CITY COUNCIL ENTERPRISE AGREEMENT NUMBER 8, 2016 – 2019

Local government administration
COMMISSIONER ROE	MELBOURNE, 12 JANUARY 2017

Application for approval of the Horsham Rural City Council Enterprise Agreement Number 8, 2016 – 2019.

[1] An application has been made for approval of an enterprise agreement known as the Horsham Rural City Council Enterprise Agreement Number 8, 2016 – 2019 (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.

[2] 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union, the Association of Professional Engineers, Scientists and Managers, Australia and the Australian Nursing and Midwifery Federation, 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 these organisations.

[4] The Agreement was approved on 12 January 2017 and, in accordance with s.54, will operate from 19 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Horsham Rural City Council was the applicant before the Fair Work Commission seeking approval of an enterprise agreement. The respondents were two unions, the Municipal and Shire Officers Union of Victoria and the Community and Public Sector Union. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether it provided for the employees' pay and conditions in a fair and efficient manner.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly sections 232 and 233, which require that an enterprise agreement provides for the employees' pay and conditions and does not contain terms that are less favourable than the applicable award or safety net award. The Commission had to consider whether the proposed agreement was sufficiently fair and efficient and whether it provided for the employees' pay and conditions in a manner that was consistent with the statutory requirements.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission considered that the agreement was fair and efficient and provided for the employees' pay and conditions in a manner that was consistent with the statutory requirements. The Commission noted that the agreement provided for a range of terms and conditions that were consistent with the applicable award and that it contained provisions that were designed to ensure that the agreement was implemented in a fair and efficient manner. The Commission also noted that the agreement contained provisions that were designed to ensure that the employees' rights were protected and that it provided for a mechanism for resolving disputes that may arise under the agreement.

The Commission approved the Horsham Rural City Council Enterprise Agreement Number 8, 2016 – 2019. The agreement is now legally binding on the council and the employees covered by the agreement. The agreement provides for a range of terms and conditions, including pay rates, leave entitlements, and other employment-related matters. The agreement also contains provisions that are designed to ensure that the agreement is implemented in a fair and efficient manner and that the employees' rights are protected.

Horsham Rural City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established