DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Horsham Rural City Council
(AG2019/4754)

HORSHAM RURAL CITY COUNCIL ENTERPRISE AGREEMENT NUMBER 9, 2019-2022

Local government administration
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 29 JANUARY 2020

Application for approval of the Horsham Rural City Council Enterprise Agreement Number 9, 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Horsham Rural City Council Enterprise Agreement Number 9, 2019-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Horsham Rural City Council (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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. The undertakings are taken to be a term of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Horsham Rural City Council and the Council of Unions of Municipal and Shire Employees (CUMSE). The dispute centred around the application for approval of the Horsham Rural City Council Enterprise Agreement Number 9, 2019-2022. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The key legal issues before the FWC were whether the enterprise agreement adequately covered all the required terms and conditions as outlined in the Act, and whether it provided for the resolution of any disputes that might arise between the parties. Additionally, the FWC had to assess if the agreement provided for fair and reasonable terms that were in line with the broader principles of industrial relations law.

In its decision, the FWC examined the provisions of the proposed agreement and considered the submissions from both parties. The FWC found that the agreement covered all necessary terms and conditions and provided for the resolution of disputes through a fair and reasonable process. The FWC also noted that the agreement was in line with the broader principles of industrial relations law, including the protection of employees' rights and the promotion of productive and harmonious workplace relations.

The FWC approved the Horsham Rural City Council Enterprise Agreement Number 9, 2019-2022, effective from 1 July 2019 until 30 June 2022, subject to the terms and conditions set out in the agreement.

HORSHAM RURAL CITY COUNCIL ENTERPRISE AGREEMENT NUMBER 9, 2019-2022

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established