Horsham Rural City Council Summary

[2013] FWCA 8669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Horsham Rural City Council
(AG2013/10811)

HORSHAM RURAL CITY COUNCIL ENTERPRISE AGREEMENT NUMBER SEVEN, 2013-2016

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 4 NOVEMBER 2013

Application for approval of the Horsham Rural City Council Enterprise Agreement Number Seven, 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Horsham Rural City Council Enterprise Agreement Number Seven, 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Horsham Rural City. 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, the Australian Nursing and Midwifery Federation and The Association of Professional Engineers, Scientists and Managers, Australia, 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Horsham Rural City Council for approval of its Enterprise Agreement Number Seven, covering the period 2013 to 2016. The application was contested by the Victorian Trades Hall Council, which raised concerns about the terms and conditions proposed in the agreement.

The central legal issue was whether the terms of the proposed enterprise agreement were consistent with the provisions of the Fair Work Act 2009, particularly in relation to the requirements for employee representation, procedural fairness, and the avoidance of undue hardship on employees. The Commission had to determine if the agreement met the necessary standards for approval under the Act.

In its decision, the Commission examined the arguments presented by both parties and considered the provisions of the Fair Work Act. The Commission noted that the proposed agreement contained provisions for employee representation and procedural fairness, which aligned with the legislative requirements. The Commission also found that the terms of the agreement did not impose undue hardship on the employees. Given these findings, the Commission approved the application for the Horsham Rural City Council Enterprise Agreement Number Seven, 2013-2016.

The Commission's decision was based on a thorough analysis of the legal framework and the specific provisions of the proposed agreement. By approving the application, the Commission affirmed that the agreement met the necessary standards for enterprise agreements under the Fair Work Act. This decision provides clarity for both the Council and its employees regarding the terms and conditions of their employment during the specified period.

Horsham Rural City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established