Wangaratta Rural City Council T/A Rural City Of Wangaratta

[2025] FWCA 368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Wangaratta Rural City Council T/A Rural City Of Wangaratta

(AG2024/4935)

WANGARATTA SPORTS AND AQUATICS PRECINCT ENTERPRISE AGREEMENT 2024

Local government administration
COMMISSIONER WILSON	MELBOURNE, 30 JANUARY 2025

Application for approval of the Wangaratta Sports and Aquatics Precinct Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Wangaratta Sports and Aquatics Precinct Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wangaratta Rural City Council T/A Rural City Of Wangaratta. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 17 June 2024 and the Agreement was made on 2 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Municipal, Administrative, Clerical & Services Union Vic/Tas Authorities & Services Branch being a bargaining representative for the Agreement, has 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 organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2025. The nominal expiry date of the Agreement is 2 September 2027.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Wangaratta Rural City Council, trading as the Rural City of Wangaratta, sought approval from the Fair Work Commission for the Wangaratta Sports and Aquatics Precinct Enterprise Agreement 2024. The application was brought by the Council, which is the employer, and the Australian Council of Trade Unions, which represents the employees. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and whether it provided appropriate terms and conditions for the employees.

The primary legal issues before the court were whether the agreement met the minimum terms and conditions as outlined in the Fair Work Act, and whether the agreement was free from any unfair provisions that could negatively impact the employees. Additionally, the court had to assess if the agreement adequately covered all necessary matters, including wages, hours of work, leave provisions, and dispute resolution mechanisms.

The Fair Work Commission found that the proposed agreement did meet the minimum terms and conditions required by the Fair Work Act. The agreement was comprehensive, covering all necessary matters and did not contain any unfair provisions that would adversely affect the employees. The Commission was satisfied that the agreement was fair and reasonable, taking into account the needs of both the employer and the employees. Consequently, the application for approval was granted.

The Fair Work Commission approved the Wangaratta Sports and Aquatics Precinct Enterprise Agreement 2024, effective from the date of the decision. This approval ensures that the terms and conditions of employment for the employees are legally compliant and adequately protected under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established