DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Grampians Shire Council
(AG2016/7691)

NORTHERN GRAMPIANS SHIRE COUNCIL ENTERPRISE AGREEMENT (7), 2016

Local government administration
COMMISSIONER WILSON	MELBOURNE, 3 FEBRUARY 2017

Application for approval of the Northern Grampians Shire Council Enterprise Agreement (7), 2016.

[1] An application has been made for approval of an enterprise agreement known as the Northern Grampians Shire Council Enterprise Agreement (7), 2016 (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] 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Australian Municipal, Administrative, Clerical and Services Union, Australian Nursing and Midwifery Federation, The Association of Professional Engineers, Scientists and Managers, Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2017. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the Northern Grampians Shire Council, sought approval for their Enterprise Agreement (7), 2016, from the Fair Work Commission. The dispute arose as the Fair Work Commission needed to determine whether the terms and conditions proposed in the agreement were fair and reasonable, meeting the statutory criteria set out in the Fair Work Act 2009. The case involved examining whether the proposed terms adequately protected employees' rights, provided reasonable terms and conditions of employment, and were consistent with broader industrial relations principles.

The primary legal issue before the Fair Work Commission was to assess whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. This involved evaluating if the agreement provided for minimum rates of pay and conditions, ensured fair and reasonable terms for employees, and did not adversely affect the financial sustainability of the council. Additionally, the Commission had to consider if the agreement appropriately balanced the interests of both the employer and the employees, ensuring it did not undermine the principles of industrial fairness.

In its decision, the Fair Work Commission thoroughly examined the terms and conditions of the proposed agreement. It concluded that the agreement did provide for minimum rates of pay and conditions, ensured fair and reasonable terms for employees, and did not adversely affect the council's financial sustainability. The Commission also found that the agreement balanced the interests of both the employer and the employees and complied with broader industrial relations principles. As a result, the Fair Work Commission approved the Enterprise Agreement (7), 2016, of the Northern Grampians Shire Council.

The Fair Work Commission's final order was to approve the Northern Grampians Shire Council Enterprise Agreement (7), 2016, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment of the relevant employees, provided they adhered to the statutory requirements and industrial relations principles set forth by the Fair Work Act.

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