Hume City Council

[2013] FWCA 7028

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Hume City Council
(AG2013/9139)

HUME CITY COUNCIL ENTERPRISE AGREEMENT (NO. 6) 2013-2017

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 16 SEPTEMBER 2013

Application for approval of the Hume City Council Enterprise Agreement (No. 6) 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Hume City Council Enterprise Agreement (No. 6) 2013-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theHume City Council. 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 Association of Professional Engineers, Scientists and Managers, Australia, the Australian Education Union, United Voice 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) of the Act I note that the Agreement covers these organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2013. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Hume City Council for approval of their Enterprise Agreement (No. 6) 2013-2017. The dispute arose from concerns about the fairness and compliance of the proposed agreement with relevant industrial laws. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues the Commission needed to address included whether the agreement had been made in accordance with the provisions of the Act, whether it contained minimum terms and conditions of employment, and whether it had been appropriately certified by the relevant independent body. Additionally, the Commission had to consider whether the agreement was free from any unlawful content and whether it provided for a fair and efficient resolution of workplace disputes.

The Commission examined the agreement in detail, considering submissions from both the Council and the employees' representative. After reviewing the terms and conditions, the Commission found that the agreement was largely compliant with the statutory requirements. It noted that while some minor amendments were necessary to ensure full compliance, these did not detract from the overall fairness of the agreement. Consequently, the Commission approved the Enterprise Agreement with the condition that the Council make the required amendments within a specified timeframe. This decision was based on the belief that the agreement provided a fair and efficient framework for resolving workplace issues and that the minor amendments would not significantly impact its operation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established