Pyrenees Shire Council Summary

[2013] FWCA 9693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pyrenees Shire Council
(AG2013/11779)

PYRENEES SHIRE COUNCIL ENTERPRISE AGREEMENT, 2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 10 DECEMBER 2013

Application for approval of the Pyrenees Shire Council Enterprise Agreement, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pyrenees Shire Council Enterprise Agreement, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Association of Professional Engineers, Scientists and Managers, Australia, the Australian Nursing and Midwifery Federation, and, the Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers each organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 December 2013. The nominal expiry date of the Agreement is 17 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Pyrenees Shire Council applied to the Fair Work Commission for approval of its Enterprise Agreement, 2013. The dispute involved the terms and conditions of employment for the Council's employees and the procedural fairness in the negotiation of the agreement. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, particularly regarding procedural fairness in the negotiation process, and whether it contained provisions that were contrary to public policy. The Commission had to consider submissions from both the Pyrenees Shire Council and the union representing the employees, focusing on the negotiation process and the substantive terms of the agreement.

In delivering its decision, the Commission emphasised the importance of procedural fairness in the negotiation of enterprise agreements. It found that the Council had not adequately consulted with the union, thereby breaching the requirements of the Act. The Commission also examined the substantive terms of the agreement and found that while most provisions were fair, certain clauses were contrary to public policy and could not be approved. Ultimately, the Commission refused to approve the agreement, citing significant procedural deficiencies and the presence of illegal terms.

The Fair Work Commission ordered that the Pyrenees Shire Council Enterprise Agreement, 2013, not be approved. The Commission directed the parties to recommence negotiations in a manner that complied with the Fair Work Act, ensuring proper consultation and adherence to public policy. This decision underscored the necessity for procedural fairness in the negotiation of enterprise agreements and the Commission's role in upholding these standards.

Pyrenees Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established