Southern Midlands Council Summary

[2021] FWCA 6718

FAIR WORK COMMISSION

DECISION

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

Southern Midlands Council
(AG2021/8113)

SOUTHERN MIDLANDS COUNCIL ENTERPRISE AGREEMENT NUMBER 11 OF 2021

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 18 NOVEMBER 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Southern Midlands Council Enterprise Agreement Number 11 of 2021 (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 Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

[3] The Agreement lodged contained an error on the signature page. On 15 November 2021, the Applicant filed an amended signature page correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Australian Municipal, Administrative, Clerical & Services Union Vic/Tas Authorities & Services Branch, 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 25 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Southern Midlands Council to have the Southern Midlands Council Enterprise Agreement Number 11 of 2021 approved. The application was heard by the Fair Work Commission. The Southern Midlands Council sought approval for the agreement, which was a proposed collective agreement between the council and its employees. The employees were represented by the Australian Services Union.

The central legal issues the court had to determine were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it was a "good faith" agreement and whether it met the criteria for approval under the Act. Specifically, the court had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the principles of good faith bargaining.

The Fair Work Commission found that the proposed agreement was in good faith and met all the necessary criteria for approval. The Commission noted that the agreement had been negotiated in good faith, with both parties making genuine efforts to reach a resolution. The Commission also found that the terms and conditions of the agreement were fair and reasonable, providing adequate protections and benefits for the employees. Given these findings, the Commission approved 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