West Wimmera Shire Council Summary

[2021] FWCA 6474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Wimmera Shire Council
(AG2021/7850)

WEST WIMMERA SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 10 - 2021

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 28 OCTOBER 2021

Application for approval of the West Wimmera Shire Council Enterprise Agreement No. 10 - 2021

[1] An application has been made for approval of an enterprise agreement known as the West Wimmera Shire Council Enterprise Agreement No. 10 - 2021 (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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 9.7.14 and clause 32.3.3 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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 and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. 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, will operate from 4 November 2021. The nominal expiry date of the Agreement is 15 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE513698 PR735332

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, an application was lodged by the West Wimmera Shire Council for the approval of their Enterprise Agreement No. 10 - 2021. The dispute centred on the terms and conditions of employment for the council's staff, as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, specifically focusing on the procedural fairness and whether there was genuine bargaining between the parties. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions, including remuneration, hours of work, and other employment conditions.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the proposed agreement was the product of genuine bargaining and met the statutory requirements. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, taking into account the specific circumstances of the council and its employees. Accordingly, the Commission approved the West Wimmera Shire Council Enterprise Agreement No. 10 - 2021.

The Fair Work Commission ordered the approval of the West Wimmera Shire Council Enterprise Agreement No. 10 - 2021, effective from the date of the decision. This decision provided clarity and certainty for the council and its employees regarding their employment terms and conditions, ensuring compliance with the Fair Work Act.

West Wimmera Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established