DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wellington Shire Council
(AG2017/1064)

WELLINGTON SHIRE COUNCIL ENTERPRISE AGREEMENT NO.9 2016

Local government administration
COMMISSIONER ROE	MELBOURNE, 27 APRIL 2017

Application for approval of the Wellington Shire Council Enterprise Agreement No.9 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wellington Shire Council Enterprise Agreement No.9 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wellington Shire Council. The Agreement is a single enterprise agreement.

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

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

[4] The Agreement was approved on 27 April 2017 and, in accordance with s.54, will operate from 4 May 2017. The nominal expiry date of the Agreement is 8 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Wellington Shire Council sought approval for its Enterprise Agreement No.9 2016. The dispute involved the validity and enforceability of certain clauses within the agreement, particularly those related to the council's capacity to implement changes in employment conditions. The case was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the council had the authority to alter employment conditions as outlined in the agreement and whether the agreement's provisions were consistent with the Fair Work Act 2009. Specifically, the Commission needed to determine if the council's proposed changes were procedurally fair and whether they complied with the statutory requirements for enterprise agreements.

In its decision, the Commission found that the council had acted within its powers and that the agreement was valid and enforceable. The Commission reasoned that the council had followed proper procedures in negotiating the agreement and that the changes proposed were reasonable and within the scope of permissible adjustments under the Act. The Commission also noted that the agreement contained adequate mechanisms for employee representation and consultation, ensuring that the council's actions were fair and transparent. As a result, the Commission approved the Wellington Shire Council Enterprise Agreement No.9 2016.

The Commission's final order was the approval of the enterprise agreement as presented, with the specified terms and conditions becoming effective as of the agreed date. The council was authorised to implement the changes in employment conditions as outlined in the agreement.

Wellington Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established