Indigo Shire Council

[2023] FWCA 1259

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Indigo Shire Council

(AG2023/1100)

INDIGO SHIRE COUNCIL ENTERPRISE AGREEMENT 2021 – 2024

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 MAY 2023

Application for approval of the Indigo Shire Council Enterprise Agreement 2021 – 2024.

An application has been made for approval of an enterprise agreement known as the Indigo Shire Council Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Indigo Shire Council. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

I note that clause 64.2.1 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Australian Nursing and Midwifery Federation and the Australian Municipal, Administrative, Clerical and Services 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 10 May 2023. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Indigo Shire Council sought approval for its Enterprise Agreement 2021 – 2024, which outlines the terms and conditions of employment for its staff. The application was brought before the Fair Work Commission (FWC), which is responsible for overseeing the approval of such agreements. The primary dispute centred on whether the proposed terms and conditions were fair and reasonable, considering various factors such as industry standards, the economic context, and the needs of both employees and employers.

The legal issues before the FWC encompassed the interpretation of the Fair Work Act 2009, specifically sections related to the approval of enterprise agreements. The FWC needed to determine if the agreement met the criteria for approval under the act, including whether it provided for fair and reasonable terms and conditions, and whether it was in the best interests of the employees. Additionally, the FWC had to consider submissions from both the Indigo Shire Council and the employees' representatives, assessing their respective arguments and evidence.

The FWC conducted a detailed analysis of the proposed agreement, taking into account the submissions and evidence presented. It examined the terms and conditions proposed in the agreement, comparing them with industry benchmarks and relevant economic data. The FWC also considered the interests of the employees, ensuring that the agreement provided for fair and reasonable terms. Ultimately, the FWC found that the Indigo Shire Council Enterprise Agreement 2021 – 2024 met the statutory criteria for approval, as it provided for fair and reasonable terms and conditions and was in the best interests of the employees.

The FWC approved the Indigo Shire Council Enterprise Agreement 2021 – 2024, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement will govern the employment of staff within the Indigo Shire Council for the specified period. The decision provides certainty for both the council and its employees, setting the terms and conditions of employment for the coming years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established