Southern Grampians Shire Council

[2013] FWCA 7490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Southern Grampians Shire Council
(AG2013/9236)

SOUTHERN GRAMPIANS SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 7, 2013

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 26 SEPTEMBER 2013

Application for approval of the Southern Grampians Shire Council Enterprise Agreement No. 7, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Southern Grampians Shire Council Enterprise Agreement No. 7, 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theSouthern Grampians Shire Council. 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 Australian Municipal, Administrative, Clerical and Services Union, the Association of Professional Engineers, Scientists and Managers, Australia, 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2013. The nominal expiry date of the Agreement is 9 May 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Grampians Shire Council applied to the Fair Work Commission for approval of their Enterprise Agreement No. 7, 2013. The dispute arose due to the council's assertion that the agreement was necessary to address operational challenges and ensure the efficient provision of services to the community. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act. The Commission had to consider whether the agreement was made in good faith, if it contained the prescribed minimum terms and conditions, and whether the process followed to reach the agreement was fair and appropriate. Additionally, the Commission needed to assess if the agreement would have a detrimental effect on the broader labour market or on employees not party to the agreement.

In reaching its decision, the Commission examined the evidence and submissions provided by both the council and the union. The Commission found that the agreement was made in good faith and contained all the prescribed minimum terms and conditions. Furthermore, the process undertaken to reach the agreement was deemed fair and appropriate. The Commission also concluded that the agreement would not have an adverse effect on the labour market or on employees not party to the agreement. Based on these findings, the Commission approved the Enterprise Agreement No. 7, 2013.

Consequently, the Fair Work Commission granted the Southern Grampians Shire Council's application for approval of the Enterprise Agreement No. 7, 2013. The decision confirmed the agreement's compliance with the statutory requirements and its approval was effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established