DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Indigo Shire Council
(AG2015/6499)

INDIGO SHIRE COUNCIL ENTERPRISE AGREEMENT 2015 - 2017

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 12 NOVEMBER 2015

Application for approval of the Indigo Shire Council Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Indigo Shire Council Enterprise Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Indigo Shire Council. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union, 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), I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 19 November 2015. The nominal expiry date of the Agreement is 31 December 2017

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Indigo Shire Council brought an application for approval of the Indigo Shire Council Enterprise Agreement 2015 - 2017 before the Fair Work Commission. The applicant sought to finalise and approve the agreement, which governed the employment conditions of its employees, including wages, hours of work, and other terms and conditions. The application was made pursuant to section 235 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it provided for appropriate minimum rates of pay, annual leave, and other entitlements. The Commission considered whether the agreement was a "single-enterprise agreement" and whether it had been negotiated in good faith. The Commission also considered whether the agreement provided for appropriate mechanisms for the resolution of disputes and whether it was in the best interests of the employees.

After considering the evidence and submissions, the Commission found that the agreement met the requirements of the Fair Work Act and approved the agreement. The Commission noted that the agreement provided for appropriate minimum rates of pay, annual leave, and other entitlements, and that it was a genuine single-enterprise agreement that had been negotiated in good faith. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes and that it was in the best interests of the employees. The Commission approved the agreement on the basis that it met the requirements of the Fair Work Act and was in the best interests of the employees.

The Fair Work Commission approved the Indigo Shire Council Enterprise Agreement 2015 - 2017. The Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The agreement provides for appropriate minimum rates of pay, annual leave, and other entitlements, and it was a genuine single-enterprise agreement that had been negotiated in good faith. The agreement also provides for appropriate mechanisms for the resolution of disputes. The approval of the agreement ensures that the employment conditions of the employees are governed by a fair and reasonable agreement.

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