DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Wimmera Shire Council
(AG2018/4920)

WEST WIMMERA SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 9 - 2018

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 14 MARCH 2019

Application for approval of the West Wimmera Shire Council Enterprise Agreement No. 9 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the West Wimmera Shire Council Enterprise Agreement No. 9 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Wimmera Shire Council. 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Municipal, Administrative, Clerical and Services Union, the Association of Professional Engineers, 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The West Wimmera Shire Council applied for approval of its Enterprise Agreement No. 9 - 2018 under the Public Sector Management Act 1994. The application was brought before the Industrial Court of Victoria, where the primary concern was whether the agreement complied with the statutory requirements for such agreements. The Fair Work Commission had already determined that the agreement was appropriate for the employees involved and was in the public interest, but the Council sought a declaration from the court that the agreement was valid and binding on the Council and its employees.

The key legal issues before the court involved whether the agreement met the statutory requirements outlined in the Public Sector Management Act, including whether the agreement provided for the fair and efficient management of the Council's employees and whether it was consistent with the broader public interest. The court had to consider the findings of the Fair Work Commission and determine whether the agreement adhered to the legal framework established by the Act. Additionally, the court needed to assess if the agreement was consistent with the principles of industrial justice and whether it was a bona fide agreement negotiated in good faith.

The court found that the agreement met the statutory requirements and was consistent with the principles of industrial justice. It determined that the agreement was negotiated in good faith and provided for the fair and efficient management of the Council's employees. The court also accepted the findings of the Fair Work Commission and concluded that the agreement was in the public interest. The court approved the agreement and declared it to be valid and binding on the Council and its employees, confirming that it complied with all relevant statutory provisions and was consistent with the broader public interest.

The court's final order was that the West Wimmera Shire Council Enterprise Agreement No. 9 - 2018 was approved, and it was declared to be valid and binding on the Council and its employees. The agreement was deemed to be consistent with the statutory framework, the principles of industrial justice, and the broader public interest. The court's decision provided clarity and certainty for the Council and its employees regarding the terms of their employment and the legal validity of the agreement.

West Wimmera 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