DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Towong Shire Council
(AG2018/6075)

TOWONG SHIRE COUNCIL ENTERPRISE AGREEMENT 2018

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 5 APRIL 2019

Application for approval of the Towong Shire Council Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Towong Shire Council Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Towong 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] The Australian Municipal, Administrative, Clerical and Services Union and 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Towong Shire Council was before the Fair Work Commission, where the applicant, Towong Shire Council, sought approval of the Towong Shire Council Enterprise Agreement 2018. The dispute involved the terms and conditions of employment for the council’s employees, including issues such as wages, working hours, leave entitlements, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, particularly focusing on whether the agreement provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions, if the agreement contained all the mandatory terms required by the Fair Work Act, and whether the agreement allowed for fair and effective dispute resolution. Additionally, the Commission needed to consider whether the agreement had been fairly and appropriately negotiated, and if it complied with the requirements for minimum standards of employment.

The Fair Work Commission found that the proposed agreement met the necessary standards and requirements set out in the Fair Work Act. The Commission considered that the agreement provided for fair and reasonable terms and conditions, contained all the mandatory terms, and allowed for fair and effective dispute resolution. The Commission was satisfied that the agreement had been fairly and appropriately negotiated and complied with the minimum standards of employment. Consequently, the Fair Work Commission approved the Towong Shire Council Enterprise Agreement 2018, subject to the conditions and requirements outlined in the Act. The decision was made on the basis that the agreement was in the best interests of the employees and the employer, ensuring a balanced approach to employment conditions.

Towong 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