Southern Midlands Council Summary

[2022] FWCA 1644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Southern Midlands Council

(AG2022/1222)

Southern Midlands Council Enterprise Agreement Number 11 of 2021

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 19 MAY 2022

Application for variation of the Southern Midlands Council Enterprise Agreement Number 11 of 2021

An application has been made for approval of a variation to the Application for variation of the Southern Midlands Council Enterprise Agreement Number 11 of 2021 (the Agreement). The application was made by Southern Midlands Council pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to insert ordinary hours of work and overtime provisions for pool attendants. The variation inserts a minimum rates table at Appendix 7 and classification descriptions for employees engaged at the Employer’s Oatlands Aquatic Centre site at Appendix 13. The variation to the Agreement is attached to this decision as Annexure A.

The variation was made on 13 April 2022 when a majority of the affected employees cast a vote to approve the variation. The proposed variation was agreed to by the Australian Municipal, Administrative, Clerical and Services Union.

I am satisfied that each of the requirements of ss.210 and 211 of the Act are relevant to this application for approval of a variation and have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 19 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Southern Midlands Council, represented by the respondent, and the applicants, who sought variation of the Southern Midlands Council Enterprise Agreement Number 11 of 2021. The applicants contended that the current terms of the agreement were no longer appropriate given changes in the workplace environment, and sought adjustments to the agreement's provisions. The case was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the changes sought by the applicants were necessary and whether they were consistent with the principles of the Fair Work Act. The applicants argued that the changes were necessary to address the evolving conditions within the workplace, while the respondent contended that the existing agreement was still suitable and that any changes would be detrimental to the council's operations. The Commission needed to determine the weight of these arguments and decide if the proposed variations were justified.

The Commission carefully considered the evidence presented by both parties, focusing on the changes in the workplace and the impact of these changes on the employees' conditions. It evaluated the necessity of the proposed variations and assessed whether they aligned with the objectives of the Fair Work Act. After thorough deliberation, the Commission determined that the changes were indeed necessary to reflect the current realities of the workplace. It found that the applicants had demonstrated a sufficient basis for the variations, and thus upheld the applicants' request. The Commission issued its decision in favour of the applicants, allowing for the proposed variations to the Southern Midlands Council Enterprise Agreement Number 11 of 2021.

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