DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swan Hill Rural City Council
(AG2018/5251)

SWAN HILL RURAL CITY COUNCIL ENTERPRISE AGREEMENT, 2018, NO. 7

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 MARCH 2019

Application for approval of the Swan Hill Rural City Council Enterprise Agreement, 2018, No. 7.

[1] Swan Hill Rural City Council has made an application for the approval of an enterprise agreement known as the Swan Hill Rural City Council Enterprise Agreement, 2018, No. 7 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Australian Municipal, Administrative, Clerical and Services Union; 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 seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 15 March 2019 and, in accordance with s 54, will operate from 22 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Swan Hill Rural City Council has applied for approval of the Swan Hill Rural City Council Enterprise Agreement, 2018, No. 7, in accordance with section 178 of the Public Sector Management Act 1994. The application was heard by the Industrial Relations Commission of Victoria, with the parties being the Swan Hill Rural City Council and the relevant unions. The nature of the dispute revolves around the terms and conditions of employment for council staff, specifically the wages, conditions, and other benefits outlined in the proposed agreement.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the statutory requirements set out in the Public Sector Management Act 1994. This included ensuring the agreement addressed the minimum terms and conditions as stipulated in the Act, and that it was fair and reasonable for both the council and the employees. The court also had to consider whether the agreement provided for appropriate mechanisms for the resolution of any future disputes that might arise from the terms of the agreement.

The Industrial Relations Commission found that the proposed agreement met all statutory requirements and was fair and reasonable for both parties. The court considered various factors, including the evidence provided by the council and the unions, as well as relevant legislation and precedent cases. The court noted that the agreement provided a comprehensive set of terms and conditions that balanced the interests of the council and the employees, and that it included mechanisms for the resolution of future disputes. As a result, the court approved the application and confirmed the agreement as binding on both parties.

The final orders of the court were that the Swan Hill Rural City Council Enterprise Agreement, 2018, No. 7, be approved and declared to be in force from the date of the decision. The agreement was to apply to all employees of the council who were covered by the agreement, and it was to remain in effect until superseded by a new agreement or until terminated in accordance with its provisions.

Swan Hill Rural City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established