Sorell Council

[2022] FWCA 2754

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sorell Council

(AG2022/2384)

Sorell Council Enterprise Agreement 2022

Local government administration
COMMISSIONER MIRABELLA	MELBOURNE, 15 AUGUST 2022

Application for approval of the Sorell Council Enterprise Agreement 2022.

Sorell Council (the Employer) has made an application for approval of an enterprise agreement known as the Sorell Council Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.3 of the Agreement, I am satisfied that 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, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 15 August 2022 and, in accordance with s.54, will operate from 22 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Sorell Council sought approval from the Fair Work Commission for the Sorell Council Enterprise Agreement 2022. The applicant was a local government authority, and the respondent was the union representing the employees. The dispute centred on the terms and conditions of employment, including wages, leave, and other entitlements, as outlined in the proposed agreement. The case was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement was fair and reasonable, and whether it complied with the relevant statutory provisions. The Commission had to consider the balance of rights and obligations between the employer and employees, and ensure that the agreement was not adversely affecting the employees' rights or entitlements. The Commission also needed to verify that the agreement did not contravene any relevant industrial laws or regulations.

After carefully examining the proposed agreement and the submissions from both parties, the Fair Work Commission found that the Sorell Council Enterprise Agreement 2022 was fair and reasonable. The Commission determined that the agreement met the necessary criteria, and did not adversely affect the employees' rights or entitlements. Furthermore, the Commission concluded that the agreement complied with all relevant industrial laws and regulations. Consequently, the application for approval of the agreement was granted.

The Fair Work Commission approved the Sorell Council Enterprise Agreement 2022, subject to the terms and conditions set out in the agreement. The decision confirmed the agreement as a legally binding document between the Sorell Council and the union, effective from the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established