DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wangaratta Rural City Council
(AG2020/2044)

WANGARATTA RURAL CITY COUNCIL ENTERPRISE AGREEMENT 2017-2021

Local government administration
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2020

Application for approval of a variation to the Wangaratta Rural City Council Enterprise Agreement 2017-2021.

[1] An application has been made for approval of a variation to the Wangaratta Rural City Council Enterprise Agreement 2017-2021 (the Agreement). The application was made by Wangaratta Rural City Council pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 5 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Wangaratta Rural City Council, sought approval for a variation to the Wangaratta Rural City Council Enterprise Agreement 2017-2021. The applicant aimed to amend certain provisions regarding leave entitlements, rostered days off, and shift patterns. The applicant argued that the proposed changes were necessary to better align with business needs and operational efficiencies. The dispute was heard by the Fair Work Commission.

The legal issues before the Commission included whether the proposed variations were procedurally and substantively fair. Procedurally, the Commission had to consider whether the applicant had followed appropriate processes in negotiating the variations, including whether it had made a genuine effort to consult with employees and their representatives. Substantively, the Commission had to determine if the changes were reasonable and fair in the context of the overall enterprise agreement, including whether they would adversely affect the employees' terms and conditions of employment.

The Fair Work Commission found that the applicant had followed procedural requirements, as it had engaged in genuine discussions with employee representatives and provided them with relevant information. However, the Commission determined that some of the proposed variations were not fair and reasonable. Specifically, the changes to leave entitlements and rostered days off were found to be overly restrictive and detrimental to the employees' work-life balance. The shift pattern changes, on the other hand, were considered to be reasonable, as they aligned with the council's operational needs.

The Fair Work Commission approved the variation to the Wangaratta Rural City Council Enterprise Agreement 2017-2021 in part, allowing the changes to shift patterns while rejecting the amendments to leave entitlements and rostered days off. The applicant was directed to negotiate further with the employee representatives to address the rejected variations. The Commission emphasised the importance of maintaining a fair balance between the employer's needs and the employees' rights in enterprise agreements.

Wangaratta 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