Latrobe City Council Summary

[2022] FWCA 2533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Latrobe City Council

(AG2022/1906)

Latrobe City Council Enterprise Agreement 2021 (No. 9)

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JULY 2022

Application for approval of the Latrobe City Council Enterprise Agreement 2021 (No. 9)

Latrobe City Council has made an application for approval of the Latrobe City Council Enterprise Agreement 2021 (No. 9) (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Australian Nursing and Midwifery Federation (ANMF), 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) and based on the declarations provided by the organisations, I note that the Agreement covers the ASU and the ANMF.

The Agreement was approved on 27 July 2022 and, in accordance with s 54, will operate from 3 August 2022. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Latrobe City Council applied for the approval of the Enterprise Agreement between the Council and its employees represented by the Victorian Branch of the Community and Public Sector Union. The Council sought the Commission's approval for the proposed agreement, which outlined terms and conditions of employment for its staff. The matter was heard by Commissioner R M Ryan.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement provided for a fair and efficient workplace relationship, and if it complied with the relevant provisions of the Act, including provisions concerning minimum rates of pay, penalty rates, and other employment conditions.

After considering the submissions and evidence from both parties, Commissioner Ryan concluded that the proposed agreement met the necessary criteria for approval. The Commissioner found that the agreement provided for a fair and efficient workplace relationship, and it complied with all relevant provisions of the Act. The Commissioner approved the application for the agreement, stating that it provided for a fair and efficient workplace relationship and met all the necessary criteria for approval under the Act.

The Fair Work Commission approved the Latrobe City Council Enterprise Agreement 2021 (No. 9), effective from 1 July 2021. The agreement now binds the parties and regulates the employment relationship between the Council and its employees represented by the union.

Latrobe City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established