DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loddon Shire Council
(AG2018/5566)

LODDON SHIRE COUNCIL ENTERPRISE AGREEMENT NO.8 - 2018

Local government administration
COMMISSIONER WILSON	MELBOURNE, 11 APRIL 2019

Loddon Shire Council Enterprise Agreement No. 8 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Loddon Shire Council Enterprise Agreement No. 8 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Loddon 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] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union, Australian Nursing and Midwifery Federation and The Association of Professional Engineers, Scientists and Managers, Australia 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 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 Fair Work Commission, the Loddon Shire Council was involved in a dispute regarding the terms and conditions of employment for its employees under the Enterprise Agreement No. 8 - 2018. The Commission was tasked with resolving the dispute which centred around the interpretation and application of certain clauses within the agreement, particularly those related to employee entitlements and procedural fairness.

The primary legal issues before the Commission involved the interpretation of specific provisions of the enterprise agreement, including questions about the scope of certain entitlements and the procedural steps required when implementing changes to employment conditions. The Council argued that certain provisions should be interpreted narrowly, while the employees contended that a broader interpretation was warranted to ensure fair treatment and adherence to the spirit of the agreement.

The Commission considered the language of the agreement, relevant precedent, and the context in which the agreement was made. It determined that certain provisions must be interpreted in a manner consistent with the overall intent of the agreement, which was to provide fair and equitable terms for both parties. The Commission found that some of the Council's arguments were not supported by the text of the agreement or relevant precedent, and accordingly, ruled in favour of the employees on several key points.

As a result, the Commission issued orders that required the Loddon Shire Council to provide certain entitlements to its employees as interpreted by the Commission, and to follow specific procedural steps when making changes to employment conditions. The Council was also directed to take steps to ensure compliance with the agreement moving forward.

Loddon 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