DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Indigo Shire Council
(AG2018/6326)

INDIGO SHIRE COUNCIL ENTERPRISE AGREEMENT 2018-2020

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 3 APRIL 2019

Application for approval of the Indigo Shire Council Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Indigo Shire Council Enterprise Agreement 2018-2020 (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.

[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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] 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.

[5] The Australian Nursing and Midwifery Federation (ANMF) and Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Indigo Shire Council, the applicant, was involved in a dispute regarding the approval of an enterprise agreement. The matter was heard by the Fair Work Commission, which is responsible for regulating Australian workplace relations and ensuring fair working conditions. The dispute centred on the terms and conditions outlined in the Indigo Shire Council Enterprise Agreement 2018-2020, with the applicant seeking approval for these terms.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. This included assessing whether the agreement met the requirements for good faith bargaining, covered the appropriate bargaining unit, and did not include any terms that were against public policy or contrary to the spirit of the Act. The Commission also had to determine if the agreement provided for fair and reasonable terms and conditions for the employees within the Indigo Shire Council.

The Fair Work Commission found that the Indigo Shire Council Enterprise Agreement 2018-2020 complied with the requirements of the Fair Work Act 2009. The Commission concluded that the agreement was the product of good faith bargaining, covered the appropriate bargaining unit, and did not include any terms that were against public policy or contrary to the spirit of the Act. Furthermore, the Commission found that the agreement provided for fair and reasonable terms and conditions for the employees within the Indigo Shire Council. As a result, the Fair Work Commission approved the Indigo Shire Council Enterprise Agreement 2018-2020.

Indigo Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established