Nillumbik Shire Council Summary

[2014] FWCA 7690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nillumbik Shire Council
(AG2014/9185)

NILLUMBIK SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 7 - 2014

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 29 OCTOBER 2014

Application for approval of the Nillumbik Shire Council Enterprise Agreement No. 7 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Nillumbik Shire Council Enterprise Agreement No. 7 - 2014 (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] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings 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, 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 the organisations.

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 5 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nillumbik Shire Council applied to the Fair Work Commission for approval of their Enterprise Agreement No. 7 - 2014. The application was made in accordance with the Fair Work Act 2009, which requires that certain conditions be met for an enterprise agreement to be approved. The applicants were the Nillumbik Shire Council and the respondents were the Nillumbik Municipal Employees Union and the Nillumbik Council Staff Association. The nature of the dispute was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the court was required to decide were whether the proposed agreement complied with the various provisions of the Fair Work Act 2009. The court had to consider whether the agreement was made in good faith, whether it covered the correct bargaining units, whether it contained the minimum terms and conditions as required by the Act, and whether it met other statutory criteria for approval. The court also had to consider whether the agreement was consistent with the objectives of the Act, including the promotion of harmonious, productive and equitable workplace relations.

The court found that the proposed agreement met all the statutory requirements for approval. The agreement was made in good faith and covered the correct bargaining units. It contained the minimum terms and conditions as required by the Act, and met other statutory criteria for approval. The court was satisfied that the agreement was consistent with the objectives of the Act, including the promotion of harmonious, productive and equitable workplace relations. The court approved the agreement, and it became effective from the date of the decision. The orders of the court were that the Enterprise Agreement No. 7 - 2014 be approved as a registered agreement under the Fair Work Act 2009.

Nillumbik Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established