DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Strathbogie Shire Council
(AG2019/5081)

STRATHBOGIE SHIRE COUNCIL ENTERPRISE AGREEMENT NO 9 - 2019

Local government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 20 JANUARY 2020

Application for approval of the Strathbogie Shire Council Enterprise Agreement No 9 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Strathbogie Shire Council Enterprise Agreement No 9 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Strathbogie Shire Council. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Municipal, Administrative, Clerical and Services Union, the 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 they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 20 January 2020 and, in accordance with s.54, will operate from 27 January 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the Strathbogie Shire Council, sought the Industrial Relations Commission of New South Wales' approval for the Strathbogie Shire Council Enterprise Agreement No 9 - 2019. The dispute arose from negotiations between the council and its employees' union, which led to the proposed agreement. The matter was heard by the Commission, which needed to determine whether the agreement met the statutory requirements for approval under the relevant industrial relations legislation.

The primary legal issues before the Commission were whether the agreement complied with the statutory framework, including provisions related to minimum entitlements, the process for reaching the agreement, and whether the agreement was in the best interests of the employees. The Commission had to consider the submissions from both the council and the union, as well as any relevant legislative provisions and precedents.

After thorough examination of the evidence and submissions, the Commission found that the proposed agreement met all the statutory requirements for approval. The agreement provided for minimum entitlements that were not less favourable than those provided by the relevant industrial instrument. The process for reaching the agreement was also deemed to be fair and in accordance with the law. Additionally, the Commission was satisfied that the agreement was in the best interests of the employees, taking into account their overall welfare and the council's financial capacity to meet the terms of the agreement.

Consequently, the Commission approved the Strathbogie Shire Council Enterprise Agreement No 9 - 2019, recognising it as a lawful and fair agreement that met the statutory requirements and was in the best interests of the employees. The approval was subject to the terms and conditions set out in the agreement, which would now govern the employment relationship between the council and its employees.

Strathbogie 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