| [2024] FWC 927 |
| FAIR WORK COMMISSION |
| CORRECTION TO DECISION |
Fair Work Act 2009
s.739—Dispute resolution
Lisa-Michelle Robinson
v
Surf Coast Shire Council
(C2023/5907)
| COMMISSIONER PERICA | MELBOURNE, 11 APRIL 2024 |
Alleged dispute about any matters arising under the enterprise agreement and the NES - corrected to add Annexure 1
The decision issued by the Fair Work Commission on 10 April 2024 [2024] FWC 927 is corrected as follows:
Paragraph [94] is amended to read “highlighted in bold” instead of “highlighted in italics”; and
Annexure 1 was omitted from the original decision and is included as an annexure in this correction.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<PR773386>
Annexure 1
| Job Characteristic | Grade 6 descriptor | Grade 7 descriptor |
| Accountability and extent of authority | 6.1.2 …effect of decisions are limited to quality and cost of programs and projects managed. | 7.1.2 …decisions have a significant effect on the programs or projects being managed. |
| 6.1.3 …effect of decisions may be significant but usually subject to appeal or review by senior employees. | 7.1.3 ...impact of decisions made may have a substantial impact on individual clients or classes of clients. | |
| Judgement and decision making | 6.2 The work may involve improving and/or developing methods and techniques generally based on previous experience. Problem solving may involve the application of these techniques to new situations. Guidance and advice are usually available. | 7.2 These positions are essentially problem solving in nature…The problem-solving process comes from the application of these established techniques to new situations and the need to recognise when these established techniques are not appropriate. Guidance is not always available within the organisation. |
| Specialist knowledge and skills | 6.3.2 All positions require an understanding of the long-term goals of the functional unit in which the position is placed and of the relevant policies of both the unit and the wider organisation. | 7.3.3 An understanding is required of the long term goals of the wider organisation and of its values and aspirations and of the legal and political context in which it operates. |
| 6.3.3 Some positions in this Band, particularly those where the primary function is to manage resources, require a familiarity with relevant budgeting techniques. | 7.3.4 Knowledge of and familiarity with the principles and practices of budgeting and relevant accounting and financial procedures may be required. | |
| Management Skills | 6.4.2 Where management of employees is part of the job, the position requires an understanding of and an ability to implement personnel practices… | 7.4.2 The position requires an understanding and an ability to implement personnel policies and practices. They would be also expected to contribute to the development and implementation of long term staffing strategies. |
| Interpersonal skills | 6.5.1 These positions require the ability to gain co-operation and assistance from clients, members of the public and other employees in the administration of defined activities and in the supervision of other employees. | 7.5.1 These positions require the ability to gain co-operation and assistance from clients, members of the public and other employees in the administration of broadly defined activities and to motivate and develop employees. |
| Qualifications and Experience | 6.6.2 Typically, they would be gained through completion of a degree or diploma course with some relevant experience. They might also be acquired through lesser formal qualifications and substantial relevant experience, or through substantial relevant experience in the field of specialist expertise. | 7.6.2 Typically, they would be gained through completion of a degree or diploma course with several years of subsequent relevant experience. They might also be acquired through higher formal qualifications either in the field of specialist expertise or in management, together with a shorter period of experience, or they might be acquired through lesser formal qualifications with extensive relevant experience. |
- AGLC
- Lisa-Michelle Robinson v Surf Coast Shire Council [2024] FWC 927
- Case
- [2024] FWC 927
- Decision Date
CaseChat Overview and Summary
The Fair Work Commission needed to address the mischaracterisation of the job roles within the Surf Coast Shire Council. The court was tasked with ensuring that the job descriptions accurately reflected the roles' requirements and the associated grades. By examining the provided annexure, the Commission could determine whether the roles were appropriately classified and if the dispute stemmed from an accurate understanding of these classifications. The Commission's reasoning involved a careful analysis of the annexure's content to verify that the highlighted aspects of the job descriptions were correctly presented. The outcome of the correction was to ensure that the decision accurately reflected the intended job characteristics and their respective grades, thus providing clarity and fairness in the resolution of the dispute.
The correction to the decision aimed to rectify the discrepancies in the presentation of the job characteristics and ensure that the annexure was included for comprehensive understanding. By highlighting the correct text in bold and including Annexure 1, the Commission aimed to provide a clear and accurate basis for the resolution of the dispute. This correction was crucial for maintaining the integrity of the decision-making process and ensuring that both parties had access to all relevant information. The final orders confirmed the corrected decision, ensuring that the dispute was resolved with the necessary amendments in place.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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