DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nillumbik Shire Council
(AG2020/2417)

NILLUMBIK SHIRE COUNCIL ENTERPRISE AGREEMENT 9 - 2020

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 SEPTEMBER 2020

Application for approval of the Nillumbik Shire Council Enterprise Agreement 9 - 2020

[1] Nillumbik Shire Council has made an application for approval of an enterprise agreement known as the Nillumbik Shire Council Enterprise Agreement 9 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have each 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 statutory declarations provided by each of these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 2 September 2020 and, in accordance with s 54, will operate from 9 September 2020. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nillumbik Shire Council sought approval of its Enterprise Agreement 9 - 2020 from the Fair Work Commission. The agreement in question concerned the terms and conditions of employment for employees within the Council. The central issue before the Fair Work Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it was fair and reasonable in terms of the entitlements and protections provided to the employees.

The Fair Work Commission evaluated the agreement against the criteria established by the Fair Work Act, focusing on whether the agreement provided for appropriate minimum rates of pay, entitlements, leave provisions, and other employment conditions. The Commission also considered the balance of the agreement in terms of fairness and reasonableness, taking into account the economic circumstances of the parties, and whether the agreement would promote high-quality employment practices. The Commission examined submissions from both the Council and the employees' representatives to assess the fairness of the proposed terms.

After thorough consideration, the Fair Work Commission approved the Enterprise Agreement 9 - 2020. The Commission found that the agreement contained provisions that were fair and reasonable, provided adequate protections and entitlements for the employees, and balanced the interests of both the Council and the employees. The Commission determined that the agreement met all legislative requirements and would support high-quality employment practices within the Nillumbik Shire Council.

The Fair Work Commission's decision to approve the agreement was based on the comprehensive evaluation of all relevant factors and submissions. The Commission's approval was granted under the authority of the Fair Work Act 2009, providing certainty and clarity for both the Council and the employees regarding the terms of their employment.

Nillumbik Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established