Warrnambool City Council

[2013] FWCA 10047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrnambool City Council
(AG2013/11970)

WARRNAMBOOL CITY COUNCIL ENTERPRISE AGREEMENT NO 6 - 2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Warrnambool City Council Enterprise Agreement No 6 - 2013.

[1] An application has been made for approval of an enterprise agreement known as the Warrnambool City Council Enterprise Agreement No 6 - 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation, and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers each organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 26 December 2013. The nominal expiry date of the Agreement is 29 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Warrnambool City Council was involved in a legal matter before the Fair Work Commission concerning the approval of their Enterprise Agreement No 6 - 2013. The council sought approval for this agreement, which outlines the terms and conditions of employment for their employees. The application was brought before the Commission to ensure compliance with the Fair Work Act 2009 and to confirm that the agreement met the necessary standards for fairness and appropriateness.

The central legal issues the court needed to address involved whether the agreement met the requirements under the Fair Work Act, particularly whether it adhered to the "better off overall test." This test ensures that employees are not disadvantaged by the terms of the agreement compared to their previous conditions. Additionally, the court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages, leave entitlements, and other employment standards.

The Fair Work Commission evaluated the agreement comprehensively, considering the submissions from both the council and the union representatives for the employees. The Commission found that the agreement was fair and reasonable, meeting the better off overall test. The Commission acknowledged the council's efforts to provide fair terms and conditions of employment and deemed the agreement to be in the best interest of the employees. Consequently, the Commission approved the Warrnambool City Council Enterprise Agreement No 6 - 2013.

The final orders of the Commission were to approve the Enterprise Agreement No 6 - 2013, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable, providing clarity and certainty for both the council and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established