DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pyrenees Shire Council
(AG2016/7950)

PYRENEES SHIRE COUNCIL ENTERPRISE AGREEMENT, 2016

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 17 MARCH 2017

Application for approval of the Pyrenees Shire Council Enterprise Agreement, 2016.

[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 (the Act). It has been made by Pyrenees Shire Council. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, 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.

[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] The Australian Municipal, Administrative, Clerical and Services Union and 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 24 March 2017. The nominal expiry date of the Agreement is 17 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Pyrenees Shire Council brought an application for the approval of its Enterprise Agreement, 2016. The agreement in question governs the employment terms of council workers, and the application sought to ensure that the agreement complies with the relevant industrial laws. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009, specifically concerning its procedural fairness and whether it provided adequate protections and benefits to the employees.

The legal issues the court was required to address included whether the agreement had been properly negotiated, whether the bargaining process was conducted in good faith, and whether the terms of the agreement were fair and reasonable. The court had to examine the process by which the agreement was developed, including whether there was sufficient consultation and whether the agreement adequately reflected the interests of both the employer and the employees. Furthermore, the court had to ensure that the agreement complied with minimum standards set by the Fair Work Act.

The court found that the Pyrenees Shire Council had followed the appropriate procedures in negotiating the agreement, including providing adequate notice to the employees and allowing for their meaningful participation in the process. The court also determined that the agreement provided fair and reasonable terms, reflecting a balance between the interests of the employer and the employees. The court concluded that the agreement met all necessary criteria for approval, as it was free from procedural defects and provided appropriate protections and benefits. As a result, the court approved the Pyrenees Shire Council Enterprise Agreement, 2016.

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