DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pyrenees Shire Council
(AG2019/4914)

PYRENEES SHIRE COUNCIL ENTERPRISE AGREEMENT, 2016

Local government administration
COMMISSIONER JOHNS	SYDNEY, 8 JANUARY 2020

Application for approval of the Pyrenees Shire Council Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pyrenees Shire Council Enterprise Agreement, 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Pyrenees 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 Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

Pyrenees Shire Council sought approval of their 2019 Enterprise Agreement under the Fair Work Act 2009. The dispute arose from objections lodged by various unions and individual employees who argued that the agreement did not adequately protect employee rights and conditions. The case was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the Enterprise Agreement complied with the requirements of the Fair Work Act and if it provided fair and reasonable terms for employees. The Commission had to assess if the agreement met the 'better off overall test' and whether it included minimum entitlements as stipulated by the relevant awards and the National Employment Standards.

The Fair Work Commission found that the Pyrenees Shire Council Enterprise Agreement 2019 largely met the statutory requirements. The Commission concluded that the agreement provided employees with terms and conditions that were at least as good as those in the applicable awards and National Employment Standards. The Commission noted that while some minor issues were raised, these did not significantly detract from the overall fairness of the agreement. The objections were dismissed, and the agreement was approved.

The Fair Work Commission approved the Pyrenees Shire Council Enterprise Agreement 2019, subject to the conditions and provisions set out in the decision. This approval allows the agreement to be implemented, ensuring that it governs the employment terms of the relevant employees.

Pyrenees 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