Swan Hill Rural City Council

[2014] FWCA 5728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swan Hill Rural City Council
(AG2014/6841)

SWAN HILL RURAL CITY COUNCIL ENTERPRISE AGREEMENT, 2014, NO. 6

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 20 AUGUST 2014

Application for approval of the Swan Hill Rural City Council Enterprise Agreement, 2014, No. 6.

[1] An application has been made for approval of an enterprise agreement known as the Swan Hill Rural City Council Enterprise Agreement, 2014, No. 6 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swan Hill Rural City Council. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 27 August 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Swan Hill Rural City Council was the applicant in an application before the Fair Work Commission, seeking approval of the Swan Hill Rural City Council Enterprise Agreement, 2014, No. 6. The Council argued that the agreement was appropriate for the council's employees and should be approved. The application arose due to disagreements between the Council and its employees regarding the terms and conditions of employment.

The central legal issue the Commission had to decide was whether the terms and conditions of the proposed agreement were appropriate and fair for the employees of the Council. The Commission needed to consider whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009, and whether it provided appropriate protections and benefits for the employees.

The Commission found that the proposed agreement was appropriate for the Council's employees. It determined that the agreement contained fair and reasonable terms and conditions, and that it complied with the statutory requirements. The Commission noted that the agreement addressed various aspects of employment, including wages, leave entitlements, and other conditions of employment. It concluded that the agreement provided adequate protections and benefits for the employees and was in line with the principles of the Fair Work Act. Based on these findings, the Commission approved the agreement, subject to the terms and conditions specified in the approval order.

The final orders of the Commission included the approval of the Swan Hill Rural City Council Enterprise Agreement, 2014, No. 6, with certain modifications to address minor concerns raised during the hearing. The approved agreement was to be in effect for a specified period and would govern the terms and conditions of employment for the Council's employees. The Commission also set out specific provisions regarding the dispute resolution process and the review of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established