DECISION

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

Strathbogie Shire Council
(AG2015/7142)

STRATHBOGIE SHIRE COUNCIL ENTERPRISE AGREEMENT NO 8 - 2015.

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 14 JANUARY 2016

Application for approval of the Strathbogie Shire Council Enterprise Agreement No 8 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Strathbogie Shire Council Enterprise Agreement No 8 - 2015 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] 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.

[4] The Australian Nursing and Midwifery Federation, Australian Municipal, Administrative, Clerical and Services Union 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 it. In accordance with s.201(2), I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 21 January 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Strathbogie Shire Council, the application for approval of the Strathbogie Shire Council Enterprise Agreement No 8 - 2015 was heard. The applicant, the Strathbogie Shire Council, sought to have the agreement approved by the Fair Work Commission. The agreement in question aimed to establish the terms and conditions of employment for council employees, covering a range of issues such as wages, hours of work, leave entitlements, and dispute resolution mechanisms.

The legal issues that arose in this case centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being a "single, integrated, and comprehensive" enterprise agreement, whether it addressed all the matters prescribed by the Fair Work Act, and if it was fair and reasonable in the context of the parties' bargaining power. Additionally, the court had to consider whether the agreement was negotiated in good faith and if it complied with any relevant national employment standards.

The Fair Work Commission found that the proposed agreement was a single, integrated, and comprehensive document, encompassing all the necessary elements of an enterprise agreement. The agreement was deemed to address all the matters prescribed by the Fair Work Act, and the Commission was satisfied that it was fair and reasonable, taking into account the bargaining power of the parties. Furthermore, the Commission concluded that the agreement had been negotiated in good faith and complied with the relevant national employment standards. Therefore, the application for approval of the Strathbogie Shire Council Enterprise Agreement No 8 - 2015 was granted.

As a result of the Commission's decision, the agreement was approved and will now govern the terms and conditions of employment for the council employees. This outcome ensures that the council's employees will benefit from the agreed-upon terms, and the council will be able to effectively manage its workforce. The approval of the agreement provides certainty and stability in the workplace, which is crucial for both the employees and the council.

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