DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wodonga City Council
(AG2015/5690)

WODONGA CITY COUNCIL ENTERPRISE AGREEMENT 2015-2018

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 14 OCTOBER 2015

Application for approval of the Wodonga City Council Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Wodonga City Council Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wodonga City 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, Australian Nursing and Midwifery Federation and The Association of Professional Engineers, Scientists and Managers, Australia, 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 is approved and, in accordance with s.54(1) of the Act, will operate from 21 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wodonga City Council has applied to the Fair Work Commission for approval of the Wodonga City Council Enterprise Agreement 2015-2018. The applicant is the employer, and the respondents are the employees represented by the Australian Services Union. The nature of the dispute is whether the agreement meets the criteria for approval under the Fair Work Act 2009. The Fair Work Commission heard the matter and made a decision.

The primary legal issue before the Commission was whether the agreement contained all the mandatory terms set out in Schedule 2 of the Fair Work Act 2009. Additionally, the Commission needed to determine whether the agreement provided for a safety net of minimum terms and conditions of employment. The Commission also needed to consider whether the agreement complied with the good faith bargaining provisions in the Fair Work Act.

The Commission found that the agreement contained all the mandatory terms and provided for a safety net of minimum terms and conditions of employment. The Commission also found that the agreement was the product of good faith bargaining. The Commission approved the agreement on the basis that it met the criteria for approval under the Fair Work Act. The Commission noted that the agreement provided for a fair and equitable resolution of the issues between the parties and provided for a safety net of minimum terms and conditions of employment.

The Fair Work Commission approved the Wodonga City Council Enterprise Agreement 2015-2018. The agreement is now a registered agreement under the Fair Work Act. The agreement will provide the terms and conditions of employment for the employees covered by the agreement until it expires or is varied or replaced by a new agreement.

Wodonga City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established