DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrnambool City Council
(AG2016/5973)

WARRNAMBOOL CITY COUNCIL ENTERPRISE AGREEMENT NO 7 - 2016

Local government administration
COMMISSIONER ROE	SYDNEY, 27 OCTOBER 2016

Application for approval of the Warrnambool City Council Enterprise Agreement No 7 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Warrnambool City Council Enterprise Agreement No 7 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warrnambool City Council. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation, Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers Australia 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.

[5] The Agreement was approved on 27 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Warrnambool City Council and a dispute regarding the approval of the Warrnambool City Council Enterprise Agreement No 7 - 2016. The matter was heard in the Fair Work Commission, which has jurisdiction over employment-related disputes. The primary issue before the Commission was whether the Enterprise Agreement, which was negotiated between the Council and the employees' representative, met the legal requirements for approval under the Fair Work Act 2009.

The legal issues included whether the agreement was made in good faith and whether it met the "better off overall test", which requires that employees be no worse off financially than under their previous conditions of employment. Another concern was whether the agreement provided adequate protections for employees' rights and entitlements, including provisions for dispute resolution and redundancy payments. The Commission also needed to determine whether the agreement included all necessary clauses, such as those relating to classification, wages, and conditions of employment.

The Fair Work Commission found that the Enterprise Agreement was made in good faith and met the better off overall test. The agreement was considered to provide adequate protections for employees' rights and entitlements, with appropriate provisions for dispute resolution and redundancy payments. The Commission was satisfied that the agreement included all necessary clauses relating to classification, wages, and conditions of employment. Consequently, the Commission approved the Enterprise Agreement, subject to the conditions outlined in the decision.

The final orders of the Fair Work Commission approved the Warrnambool City Council Enterprise Agreement No 7 - 2016, effective from 1 July 2016, subject to the terms and conditions set out in the decision. The approval was contingent on the Council and the employees' representative implementing the agreement in accordance with the Fair Work Act 2009 and the Commission's decision. The parties were directed to take all necessary steps to ensure the agreement was properly communicated to all affected employees and to provide any required documentation to the Commission within a specified timeframe.

Warrnambool 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