DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wellington Shire Council T/A Wellington Shire Council
(AG2020/1269)

WELLINGTON SHIRE COUNCIL ENTERPRISE AGREEMENT NO.10 2019

Local government administration
DEPUTY PRESIDENT YOUNG	MELBOURNE, 8 JULY 2020

Application for approval of the Wellington Shire Council Enterprise Agreement No.10 2019.

[1] Wellington Shire Council (the Employer) has made an application for approval of an enterprise agreement known as the Wellington Shire Council Enterprise Agreement No.10 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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] The Australian Municipal, Administrative, Clerical and Services Union and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 8 July 2020 and, in accordance with s 54, will operate from 15 July 2020. The nominal expiry date of the Agreement is 8 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Wellington Shire Council T/A Wellington Shire Council brought an application before the Fair Work Commission for approval of the Wellington Shire Council Enterprise Agreement No.10 2019. The application involved the Council seeking to have the agreement approved under the Fair Work Act 2009, which governs enterprise agreements in Australia. The agreement in question was made between the Council and the Australian Nursing and Midwifery Federation, representing certain employees of the Council. The dispute centred on whether the agreement met the necessary criteria for approval, including the requirement that it be free from any terms that would undermine the operation of the relevant industrial instruments.

The legal issues the court had to address included whether the terms of the agreement were consistent with the provisions of the Fair Work Act and whether they complied with the procedural requirements for enterprise agreements. Specifically, the court needed to determine if the agreement provided for appropriate minimum rates of pay, leave entitlements, and other conditions of employment. Furthermore, the court had to examine whether the agreement was genuinely negotiated between the parties and if it was free from any unfair terms that would negatively impact the employees' rights.

The Fair Work Commission, in its decision, thoroughly reviewed the agreement and found it to be compliant with the statutory requirements. The Commission determined that the agreement was fairly negotiated and did not contain any terms that undermined the relevant industrial instruments. The Commission also noted that the agreement provided for appropriate conditions of employment, including minimum rates of pay and leave entitlements. As a result, the Commission approved the Wellington Shire Council Enterprise Agreement No.10 2019, finding it to be in accordance with the Fair Work Act.

As a final matter, the Commission issued an order approving the enterprise agreement, which will now be binding on the parties involved. This approval ensures that the agreement will be implemented, providing a framework for the employment conditions of the employees covered by the agreement. The decision serves as a precedent for future negotiations and agreements between the Wellington Shire Council and its employee representatives.

Wellington Shire Council T/A Wellington Shire Council

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established