DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nillumbik Shire Council
(AG2018/1618)

NILLUMBIK SHIRE COUNCIL ENTERPRISE AGREEMENT 8 - 2017

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Nillumbik Shire Council Enterprise Agreement 8 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nillumbik Shire Council Enterprise Agreement 8 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nillumbik 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] 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Nillumbik Shire Council, the applicant sought approval for its Enterprise Agreement for the period 2017-2020. The matter was heard in the Fair Work Commission, with the Commission tasked to determine whether the proposed agreement met the requirements of the Fair Work Act 2009. The dispute centred on various provisions of the proposed agreement, including pay rates, conditions of employment, and the process for resolving disputes between the council and its employees.

The legal issues before the Commission were whether the proposed agreement provided for terms and conditions of employment that were no less favourable than the applicable award or registered agreement, and whether it complied with the ‘better off overall test’. This test requires that employees under the agreement be no worse off financially and, where possible, better off overall compared to their previous conditions. The applicant argued that the proposed agreement met these criteria, while the respondent contended that certain provisions were inadequate.

The Commission found that the proposed agreement largely complied with the statutory requirements, including the better off overall test. The Commission determined that the pay rates and conditions proposed in the agreement were fair and reasonable, and that employees would not be worse off under the new agreement. The Commission also found that the dispute resolution process outlined in the agreement was adequate. Consequently, the Commission approved the proposed Enterprise Agreement, subject to minor modifications that addressed some of the respondent’s concerns.

The Fair Work Commission approved the Nillumbik Shire Council Enterprise Agreement for the period 2017-2020, with the specified modifications. The Commission's decision was based on the finding that the agreement met the statutory requirements, including the better off overall test, and provided fair and reasonable terms and conditions of employment for the council's employees.

Nillumbik 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