Rural City of Wangaratta

[2014] FWCA 527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rural City of Wangaratta
(AG2014/3374)

WANGARATTA RURAL CITY COUNCIL ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 21 JANUARY 2014

Application for approval of the Wangaratta Rural City Council Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wangaratta Rural City Council Enterprise Agreement 2014 (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] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia, 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.

[6]
The Agreement is approved. In accordance with s.54(1) it will operate from 28 January 2014. The nominal expiry date of the Agreement is 2 January 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Rural City of Wangaratta sought approval for the Wangaratta Rural City Council Enterprise Agreement 2014. The applicant argued that the agreement was suitable for approval, meeting the necessary criteria for such agreements under the Fair Work Act 2009. The legal issues revolved around whether the agreement met the requirements of the Act, including provisions for enterprise bargaining, dispute resolution, and procedural fairness.

The Commission examined the agreement's compliance with the legislative framework, focusing on whether the agreement appropriately addressed employee entitlements, working conditions, and the bargaining process. The Commission assessed whether the agreement was made in good faith and whether it provided adequate protections for employees. Additionally, the Commission considered the processes followed during the negotiation of the agreement, ensuring that procedural fairness was maintained.

Upon reviewing the evidence and submissions, the Commission concluded that the agreement was made in good faith and met the statutory requirements. The Commission determined that the agreement was fair and reasonable, providing appropriate protections for employees while addressing the needs of the employer. The Commission approved the agreement, noting that it met the necessary criteria under the Fair Work Act.

The final orders of the Commission included the approval of the Wangaratta Rural City Council Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms and conditions. The decision provided clarity on the procedural and substantive requirements for enterprise agreements, reinforcing the importance of good faith bargaining and procedural fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established