DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surf Coast Shire Council
(AG2019/1883)

SURF COAST SHIRE COUNCIL ENTERPRISE AGREEMENT NO.10 2019-2022

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 26 JULY 2019

Application for approval of the Surf Coast Shire Council Enterprise Agreement No.10 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Surf Coast Shire Council Enterprise Agreement No.10 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Surf Coast Shire Council. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Nursing and Midwifery Federation, The Association of Professional Engineers, Scientists and Managers, Australia and Australian Municipal, Administrative, Clerical and Services Union 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 2 August 2019. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Surf Coast Shire Council has sought approval for the Enterprise Agreement No.10 2019-2022 in the Fair Work Commission. The dispute centred on whether the proposed terms and conditions outlined in the agreement met the statutory requirements under the Fair Work Act 2009, specifically regarding minimum entitlements and procedural fairness in the negotiation process.

The key legal issues revolved around the interpretation and application of the Fair Work Act 2009, particularly sections concerning the approval of enterprise agreements, minimum wage rates, and procedural fairness in their negotiation. The central question was whether the proposed agreement provided for the minimum entitlements mandated by law and whether the process followed to negotiate and finalise the agreement was fair and compliant with statutory requirements.

The Commission thoroughly examined the contents of the proposed agreement, focusing on whether it provided for the minimum terms and conditions as stipulated by the Fair Work Act 2009. It also assessed whether the negotiation process was conducted in a manner that was fair and met the legal standards of procedural fairness. After careful consideration, the Commission found that the proposed agreement did indeed meet the statutory requirements and was procedurally fair. Therefore, it approved the Surf Coast Shire Council Enterprise Agreement No.10 2019-2022.

As a result of the decision, the Surf Coast Shire Council can now implement the approved enterprise agreement, which will govern the terms and conditions of employment for its relevant employees for the specified period.

Surf Coast 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