DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wangaratta Rural City Council T/A Rural City of Wangaratta
(AG2020/2259)

WANGARATTA SPORTS AND AQUATICS PRECINCT ENTERPRISE AGREEMENT 2020

Local government administration
COMMISSIONER LEE	MELBOURNE, 3 SEPTEMBER 2020

Application for approval of the Wangaratta Sports and Aquatics Precinct Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wangaratta Sports and Aquatics Precinct Enterprise Agreement 2020 (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.

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

[3] 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 45.19 - Notification of Absence;

• Clause 45.30 - Personal Leave (Family/Carer’s leave);

• Clause 46 - Compassionate Leave; and

• Clause 68.1 – Abandonment of Employment.

[5] However, noting clause 4.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2020. The nominal expiry date of the Agreement is 2 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Wangaratta Rural City Council trading as Rural City of Wangaratta, sought approval of the Wangaratta Sports and Aquatics Precinct Enterprise Agreement 2020. The matter was heard in the Fair Work Commission. The principal dispute centred on whether the proposed agreement, which outlined terms and conditions for employees within the sports and aquatics precinct, complied with relevant industrial laws and provided fair and reasonable terms for the employees.

The key legal issues the Commission needed to address included whether the agreement met the statutory requirements under the Fair Work Act 2009, including provisions related to minimum entitlements, classification, and procedural fairness. Additionally, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the work, the industry, and broader economic conditions.

The Commission examined the submissions from both the applicant and the employees' representatives. It considered the provisions of the proposed agreement, the applicable legal standards, and the context of the workplace. The Commission found that the agreement generally met the statutory requirements and provided fair and reasonable terms for the employees. The agreement was approved, with certain minor modifications to address specific concerns raised during the hearing. The final orders reflected the approved terms, subject to the modifications made by the Commission.

Wangaratta Rural City Council T/A Rural City of Wangaratta

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established