Southern Midlands Council Summary

[2024] FWCA 4585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Midlands Council

(AG2024/4595)

SOUTHERN MIDLANDS COUNCIL ENTERPRISE AGREEMENT NUMBER 12 OF 2024

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 19 DECEMBER 2024

Application for approval of the Southern Midlands Council Enterprise Agreement Number 12 of 2024

An application has been made for approval of an enterprise agreement known as the Southern Midlands Council Enterprise Agreement Number 12 of 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Midlands Council. 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, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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) I note that the Agreement covers the organisation.
The Agreement is approved and in accordance with s.54, will operate from 26 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southern Midlands Council has applied for approval of its Enterprise Agreement Number 12 of 2024, which was submitted to the Fair Work Commission. The applicant, Southern Midlands Council, is seeking the Commission's approval of the proposed agreement, which outlines the terms and conditions of employment for its employees. The matter was heard in the Fair Work Commission, where the primary legal issue was whether the proposed agreement met the requirements set out in the Fair Work Act 2009.

The Commission examined whether the agreement provided for a fair and efficient workplace, and whether it complied with the Fair Work (Transitional Provisions) Act 1993. The applicant argued that the agreement contained provisions that were necessary for the efficient operation of the council and that it was in the best interests of the employees. The Commission considered whether the agreement was procedurally and substantively fair and whether it provided for a process to resolve any future disputes.

The Commission found that the proposed agreement was procedurally fair, as it was negotiated in good faith and provided for a process to resolve any future disputes. The Commission also found that the agreement was substantively fair, as it provided for terms and conditions of employment that were no less favourable than the applicable award or registered agreement. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Southern Midlands Council Enterprise Agreement Number 12 of 2024, subject to modifications to ensure compliance with the Fair Work Act 2009. The modifications included changes to the agreement to ensure that it met the requirements of the Fair Work (Transitional Provisions) Act 1993 and provided for a fair and efficient workplace. The applicant was directed to make the necessary modifications to the agreement and to provide a copy of the modified agreement to the Commission within a specified timeframe.

Southern Midlands Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established