Olivia Tolevski

[2025] FWCA 51

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Olivia Tolevski

(AG2024/4910)

NILLUMBIK SHIRE COUNCIL ENTERPRISE AGREEMENT 10 - 2024

Local government administration
COMMISSIONER TRAN	MELBOURNE, 7 JANUARY 2025

Application for approval of the Nillumbik Shire Council Enterprise Agreement 10 - 2024

Olivia Tolevski, HR Business Partner, has applied for approval of an enterprise agreement known as Nillumbik Shire Council Enterprise Agreement 10 – 2024 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I am satisfied that each requirement of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation (ANMF), Australian Municipal, Administrative, Clerical and Services Union (ASU), and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) lodged Form F18 statutory declarations giving 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 the Agreement covers the ANMF, ASU and APESMA.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 January 2025.

In accordance with clause 3.1 of the Agreement, the nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Olivia Tolevski involved the Nillumbik Shire Council, which sought approval for its Enterprise Agreement for the period 10-2024. The applicant, Olivia Tolevski, represented the employees of the council and filed an application for the approval of the agreement. The dispute centred around the fairness and reasonableness of the proposed terms of employment, including wages, working conditions, and other related matters. The matter was heard in the Fair Work Commission.

The primary legal issues that the court had to decide were whether the proposed Enterprise Agreement was fair and reasonable, and whether it complied with the relevant statutory provisions under the Fair Work Act 2009. The court had to assess the balance of the agreement's terms and conditions in relation to the employees' interests, and determine if it provided for procedural fairness and met the criteria for being deemed "appropriate" under the legislation. The applicant argued that certain aspects of the agreement did not sufficiently protect the employees' interests, while the council contended that the agreement was fair and in the best interests of both parties.

The court considered the submissions from both parties and examined the contents of the Enterprise Agreement. It assessed whether the agreement provided for fair and reasonable terms, and whether it met the statutory requirements. The court also took into account the broader context of the agreement, including the nature of the work, the bargaining power of the parties, and the overall economic climate. After thorough deliberation, the court determined that the agreement was fair and reasonable, and complied with the statutory provisions. The court approved the Nillumbik Shire Council Enterprise Agreement 10-2024, finding it to be in the best interests of both the council and its employees.

The Fair Work Commission approved the Nillumbik Shire Council Enterprise Agreement for the period 10-2024. The court's decision confirmed the agreement's compliance with the statutory requirements, and recognised it as fair and reasonable for both the council and its employees. The court's approval of the agreement resolved the dispute and allowed the council and its employees to proceed under the terms of the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established