Swan Hill Rural City Council T/A Swan Hill Rural City Council

[2024] FWCA 4178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Swan Hill Rural City Council T/A Swan Hill Rural City Council

(AG2024/4220)

SWAN HILL RURAL CITY COUNCIL ENTERPRISE AGREEMENT, 2024, NO.9

Local government administration
COMMISSIONER JOHNS	MELBOURNE, 28 NOVEMBER 2024

Application for approval of the Swan Hill Rural City Council Enterprise Agreement,2024, No.9

An application has been made for approval of an enterprise agreement known as the Swan Hill Rural City Council Enterprise Agreement,2024, No.9 (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 T/A Swan Hill Rural City Council. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The Australian Nursing and Midwifery Federation and Australian Municipal, Administrative, Clerical and Services Union being the bargaining representatives for the Agreement, have 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 organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2024. The nominal expiry date of the Agreement is 27 November 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Swan Hill Rural City Council applied to the Fair Work Commission for approval of their Enterprise Agreement, 2024, No. 9. The Council sought approval for the terms and conditions of employment for their employees. The Commission considered the application and the submissions made by the parties. The central issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith.

In evaluating the agreement, the Commission examined various aspects such as wages, hours of work, leave provisions, and other employment conditions. The Commission also considered whether the agreement provided for procedural fairness and protected the rights of employees. After reviewing the evidence and submissions, the Commission concluded that the proposed agreement met the necessary criteria. The agreement provided for fair and reasonable terms and conditions of employment and was made in good faith. The Commission approved the Swan Hill Rural City Council Enterprise Agreement, 2024, No. 9.

The Commission's decision was based on a comprehensive assessment of the agreement's provisions and the submissions made by the parties. The approval of the agreement ensures that the Council's employees have fair and reasonable terms and conditions of employment, while also providing the Council with the flexibility to manage its workforce effectively. The decision reflects the Commission's commitment to promoting fair work practices and resolving workplace disputes in a timely and efficient manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established