Northern Grampians Shire Council

[2013] FWCA 6991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Northern Grampians Shire Council
(AG2013/8770)

NORTHERN GRAMPIANS SHIRE COUNCIL ENTERPRISE AGREEMENT (6), 2013

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 13 SEPTEMBER 2013

Application for approval of the Northern Grampians Shire Council Enterprise Agreement (6), 2013.

[1] An application has been made for approval of an enterprise agreement known as the Northern Grampians Shire Council Enterprise Agreement (6), 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theNorthern 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 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, the Association of Professional Engineers, Scientists and Managers Australia 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2013. The nominal expiry date of the Agreement is 1 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the Northern Grampians Shire Council brought an application for the approval of the Northern Grampians Shire Council Enterprise Agreement (6), 2013. The agreement in question was entered into by the Council and the Municipal and Shire Officers Union, which represented the Council's employees. The Council sought to have the agreement approved under the Fair Work Act 2009, as it had been unable to reach a resolution with the union on certain terms and conditions of employment. The dispute centred around various issues, including wages, allowances, and the classification of roles within the Council.

The court was tasked with determining whether the agreement met the necessary criteria for approval as set out in the Fair Work Act. Specifically, the court needed to assess if the agreement was a "better off overall test" agreement, meaning that it provided employees with a benefit that was greater than any detriment caused by the agreement. Additionally, the court had to consider whether the agreement complied with the "public interest" requirement, which includes ensuring that the agreement does not adversely affect the financial viability of the employer. The court also needed to ensure that the agreement did not contravene any of the minimum entitlements provided under the National Employment Standards or other relevant laws.

After examining the agreement and the submissions made by both parties, the court found that the Northern Grampians Shire Council Enterprise Agreement (6), 2013, met all the necessary criteria for approval. The court concluded that the agreement was a "better off overall test" agreement and did not adversely affect the financial viability of the Council. Furthermore, the court was satisfied that the agreement complied with the public interest requirement and did not contravene any minimum entitlements. As such, the court approved the agreement, allowing it to come into effect and binding the parties to its terms.

The court's decision was final, with no appeal possible. The Northern Grampians Shire Council Enterprise Agreement (6), 2013, was thus approved and could be implemented, providing a resolution to the dispute between the Council and the union. The agreement would now govern the terms and conditions of employment for the Council's employees, ensuring a stable and productive working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established