DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surf Coast Shire Council
(AG2016/5143)

SURF COAST SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 9 2016 - 2019

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 20 OCTOBER 2016

Application for approval of the Surf Coast Shire Council Enterprise Agreement No. 9 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Surf Coast Shire Council Enterprise Agreement No. 9 2016 - 2019 (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 Applicant 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 as are relevant to this application for approval have been met.

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Surf Coast Shire Council applied to the Fair Work Commission (FWC) for approval of the Surf Coast Shire Council Enterprise Agreement No. 9 2016 - 2019. The council's employees, represented by the Australian Services Union (ASU), opposed the application, arguing that the agreement did not provide adequate pay and conditions for employees. The dispute was heard and determined by the FWC, with Deputy President Ross and Senior Member McEwin presiding.

The primary legal issue before the FWC was whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to whether it provided for a fair and reasonable level of pay and conditions for employees. The FWC also had to consider whether the agreement was made in good faith and whether it complied with any relevant modern awards or agreements. The FWC needed to determine whether the agreement provided adequate protections for employees and whether it met the criteria for approval under the Act.

The FWC found that the enterprise agreement was fair and reasonable, and met the requirements of the Act. The FWC noted that the agreement provided for a range of benefits and protections for employees, including minimum rates of pay, leave entitlements, and provisions for flexible working arrangements. The FWC also found that the agreement had been made in good faith and complied with relevant modern awards. The FWC concluded that the agreement provided for a fair and reasonable level of pay and conditions for employees, and approved the enterprise agreement.

The FWC made an order approving the Surf Coast Shire Council Enterprise Agreement No. 9 2016 - 2019, subject to certain conditions. The FWC ordered that the agreement be registered with the Australian Industrial Relations Commission, and that it would come into effect on the first day of the month following the registration. The FWC also made orders in relation to the payment of back pay to employees, and the implementation of certain provisions of the agreement. The ASU's application for the agreement to be set aside was dismissed.

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