Pyrenees Shire Council Summary

[2023] FWCA 3140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pyrenees Shire Council

(AG2023/3239)

PYRENEES SHIRE COUNCIL ENTERPRISE AGREEMENT 2023

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 SEPTEMBER 2023

Application for approval of the Pyrenees Shire Council Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Pyrenees Shire Council Enterprise Agreement 2023 (Agreement).

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.

The following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Part A, clause 35.1 – Personal leave, part time exclusions;
·   Part A, appendix 1 – Redundancy pay;
·   Part B, clause 36.2.1 – Parental leave, combined leave;
·   Part B, clause 36.3 – Parental leave, variation;
·   Part B, clause 36.14.1 – Parental leave, part time;
·   Part B, clause 37.1.1(b) – Deductions; and
·   Part B, clause 42.7.- Public holidays, illness.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 October 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Pyrenees Shire Council has applied to the Fair Work Commission for approval of the 2023 Enterprise Agreement. The agreement concerns the terms and conditions of employment for the council’s staff. The application was heard in the Commission’s workplace relations division. The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 for employee protection and fairness. Specifically, the Commission needed to consider whether the agreement provided adequate minimum terms and conditions, and if it met the "better off overall test" for employees.

The Commission examined the proposed agreement against the criteria set out in the Fair Work Act. It assessed whether the agreement provided employees with terms and conditions that were no less favourable than the applicable award or registered agreement, and whether it met the "better off overall test." This involved evaluating if employees would be better off with the agreement in place, considering all benefits and detriments. The Commission also considered the agreement's compliance with the good faith bargaining requirements and whether it appropriately addressed the needs and interests of both the employer and the employees.

After reviewing the evidence and submissions, the Commission found that the agreement met the statutory requirements. It provided employees with terms and conditions that were at least as favourable as those in the applicable award, and it met the "better off overall test." The Commission concluded that the agreement reflected the outcomes of good faith bargaining and appropriately balanced the interests of both parties. Consequently, the Commission approved the Pyrenees Shire Council Enterprise Agreement 2023.

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