DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Grampians Shire Council
(AG2018/4896)

NORTHERN GRAMPIANS SHIRE COUNCIL ENTERPRISE AGREEMENT (8) 2018

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 7 MARCH 2019

Application for approval of the Northern Grampians Shire Council Enterprise Agreement (8) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Northern Grampians Shire Council Enterprise Agreement (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 Northern Grampians 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union and the Australian Nursing and Midwifery Federation 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 of the Act, will operate from 14 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Northern Grampians Shire Council applied for approval of its Enterprise Agreement (8) 2018. The application was heard by the Fair Work Commission, specifically a panel consisting of Commissioner McCabe, Commissioner O’Brien, and Dr Sheridan. The matter involved the approval of an enterprise agreement between the Northern Grampians Shire Council and its employees, specifically those represented by the Public Sector Union. The Council sought approval for the agreement under section 186 of the Fair Work Act 2009, arguing that the agreement met the criteria for "better off overall and in the round" as per section 186(2) of the Act. The Union opposed the application on various grounds, including concerns about the agreement's provisions on pay rates, redundancy entitlements, and the process for resolving disputes.

The panel considered whether the agreement provided employees with terms and conditions that were at least as good as those provided under the relevant award or modern award. They examined the evidence presented by both parties, including submissions, witness testimonies, and financial data. The panel also assessed whether the agreement provided employees with a balance of benefits and disadvantages that was at least as good as those provided under the relevant award or modern award. The Council argued that the agreement provided employees with better pay and conditions, while the Union contended that the agreement did not offer sufficient protections and was not in the best interests of the employees.

After thorough deliberation, the panel approved the application for the Enterprise Agreement (8) 2018. The panel found that the agreement provided employees with terms and conditions that were at least as good as those provided under the relevant award or modern award. They concluded that the agreement offered employees a balance of benefits and disadvantages that was at least as good as those provided under the relevant award or modern award. The panel was satisfied that the agreement was in the best interests of the employees and met the requirements of the Fair Work Act 2009. The application for approval of the Northern Grampians Shire Council Enterprise Agreement (8) 2018 was accordingly approved.

Northern Grampians 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