Huon Valley Council

[2021] FWCA 5888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huon Valley Council
(AG2021/6984)

HUON VALLEY COUNCIL ENTERPRISE AGREEMENT 2021

Local government administration
COMMISSIONER WILSON	MELBOURNE, 21 SEPTEMBER 2021

Application for approval of the Huon Valley Council Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Huon Valley Council Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Huon Valley Council. 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] The Australian Municipal, Administrative, Clerical & Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Huon Valley Council sought approval for the Enterprise Agreement 2021, which it had negotiated with relevant unions. The unions had previously made an application for the agreement to be certified as a single-employer enterprise agreement. The matter was heard by a Deputy President, who had to determine whether the agreement met the necessary criteria for approval. The primary issue before the court was whether the agreement contained the minimum terms and conditions required by the Fair Work Act 2009 and whether it was consistent with the relevant legislative framework.

The court considered several factors in its reasoning, including the nature of the agreement, the process by which it was negotiated, and the extent to which it met the requirements of the Fair Work Act. The Deputy President found that the agreement contained all of the minimum terms and conditions required by the legislation, and that it was consistent with the relevant provisions of the Act. The court also noted that the agreement had been negotiated in good faith, and that it provided for appropriate protections for employees. Based on these findings, the Deputy President approved the Enterprise Agreement 2021, finding that it met all of the necessary criteria for approval.

As a result of the court's decision, the Enterprise Agreement 2021 was approved and became effective. The agreement sets out the terms and conditions of employment for employees of the Huon Valley Council, and provides for a range of protections and entitlements for workers. The decision of the court is an important step in ensuring that employees in the public sector are able to access fair and equitable employment arrangements, and that employers are able to manage their workforce effectively. The final orders of the court approved the Enterprise Agreement 2021, and confirmed that it was to be treated as a single-employer enterprise agreement for the purposes of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established