DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Grampians Shire Council
(AG2016/7857)

SOUTHERN GRAMPIANS SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 8, 2016

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 17 MARCH 2017

Application for approval of the Southern Grampians Shire Council Enterprise Agreement No. 8, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Southern Grampians Shire Council Enterprise Agreement No. 8, 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Grampians 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] The Australian Municipal, Administrative, Clerical and Services Union, Australian Nursing and Midwifery Federation and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] 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 9 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Southern Grampians Shire Council, the applicant sought approval of the Enterprise Agreement No. 8, 2016. The agreement was contested on the grounds that it contained terms which contravened the Fair Work Act 2009. The Fair Work Commission heard the application. The primary legal issue before the Commission was whether the terms of the Enterprise Agreement were consistent with the provisions of the Fair Work Act. Specifically, the applicant argued that the terms were fair and reasonable, while the objector contended that several provisions were contrary to the Act.

The Commission examined the contested terms and considered the principles of fairness and reasonableness under the Fair Work Act. It was noted that the terms in question did not unfairly disadvantage any party and were, in fact, beneficial to the applicant. The Commission also assessed whether the agreement contained any terms that were contrary to public policy or were otherwise unenforceable. After thorough deliberation, the Commission determined that the agreement did not contravene any provisions of the Fair Work Act and was, therefore, fair and reasonable.

Consequently, the Fair Work Commission approved the Enterprise Agreement No. 8, 2016, finding that it complied with the requirements of the Fair Work Act. The Commission's decision was based on the premise that the agreement was fair and reasonable and did not contain any terms that were contrary to public policy or unenforceable. The objector's contentions were dismissed, and the applicant's application was granted. The Commission's approval of the agreement ensures that the terms and conditions of employment for the employees of Southern Grampians Shire Council are legally binding and enforceable.

Southern Grampians 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