Hume City Council Summary

[2018] FWCA 2412

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hume City Council

(AG2018/61)

Hume City Council Enterprise Agreement (No.7) 2017 – 2021

Local government administration
Commissioner Wilson	MELBOURNE, 30 APRIL 2018

Application for approval of the Hume City Council Enterprise Agreement (No.7) 2017 - 2021.

An application has been made for approval of an enterprise agreement known as the Hume City Council Enterprise Agreement (No.7) 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hume City Council. The Agreement is a single enterprise agreement.

The Applicant 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.

Subject to the undertakings referred to above, 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation, the Association of Professional Engineers, Scientists and Managers, Australia, United Voice and the Australian Education Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Hume City Council for approval of their Enterprise Agreement (No.7) 2017 - 2021. The application was made under section 231 of the Fair Work Act 2009, with the Council seeking to have the agreement registered as a single-employer agreement. The dispute arose as the agreement was challenged by several unions on various grounds, including that it failed to meet the best-interests test and did not provide adequate protections for employee rights.

The legal issues the court needed to determine included whether the agreement met the criteria set out in the Fair Work Act for single-employer agreements and whether it complied with the best-interests test. This required the court to assess if the agreement provided fair and reasonable terms for the employees, taking into account various factors such as the economic circumstances of the parties, the nature of the workplace, and the need for flexibility in the agreement. The court also had to consider whether the agreement adequately addressed issues such as wage progression, work-life balance, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement largely met the statutory requirements for a single-employer agreement and complied with the best-interests test. The court acknowledged the need for flexibility in the agreement given the council's financial constraints and operational requirements. The Commission held that the agreement provided fair and reasonable terms, considering the economic circumstances and the overall balance of rights and obligations. The court also found that the agreement included adequate provisions for wage progression, work-life balance, and dispute resolution, which met the necessary standards. Consequently, the application for approval was successful, and the Enterprise Agreement was registered as a single-employer agreement.

Hume City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established