DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Latrobe City Council
(AG2015/5657)

LATROBE CITY COUNCIL ENTERPRISE AGREEMENT 2015

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 30 OCTOBER 2015

Application for approval of the Latrobe City Council Enterprise Agreement 2015.

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

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union, the Association of Professional Engineers, Scientists and Managers, Australia, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2015. The nominal expiry date of the Agreement is 20 August 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Latrobe City Council sought approval of its Enterprise Agreement 2015. The agreement pertained to the terms and conditions of employment for its employees. The Council's application came before the Commission to determine if the agreement complied with the necessary legal standards and if it was fair and reasonable for all parties involved.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it adhered to the principles of procedural fairness. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and the Council, balancing their respective rights and obligations.

After examining the submissions and evidence presented, the Commission found that the agreement was fair and reasonable. The Commission noted that the agreement was made in good faith and provided for adequate terms and conditions that were equitable for both the employees and the Council. The Commission also determined that the agreement complied with the statutory requirements and was procedurally fair. Based on these findings, the Commission approved the Enterprise Agreement 2015.

Latrobe City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established