DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wodonga City Council T/A Wodonga Council
(AG2018/4725)

WODONGA COUNCIL ENTERPRISE AGREEMENT 2018 TO 2021

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 15 MARCH 2019

Application for approval of the Wodonga Council Enterprise Agreement 2018 to 2021.

[1] An application has been made for approval of an enterprise agreement known as the Wodonga Council Enterprise Agreement 2018 to 2021 (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 T/A Wodonga 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Part B, clause 36.1.1 which defines a child for the purpose of parental leave as a child under school age.

• Part B, clause 36.2.2 which provides employees with an entitlement to simultaneous leave of one week for maternity and paternity leave and an entitlement of up to three weeks for adoption leave.

• Part B, clause 37.5.4 which provides that an employee must not take carer's leave where another person has taken leave to care for the same person.

• Part C, clause 41.1.1 which provides that employees are entitled to 152 hours of annual leave.

However, noting Clause 5.2.1 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The parties involved in this case were Wodonga City Council, acting as the employer, and the employees who were party to the proposed Wodonga Council Enterprise Agreement 2018 to 2021. The dispute centred on the application for approval of this enterprise agreement, which was brought before the Fair Work Commission. The Commission was tasked with determining whether the agreement should be certified as a registered agreement under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to minimum entitlements and the bargaining process. The Commission had to assess whether the agreement provided for fair and reasonable terms and conditions, taking into account the principles of contemporary awards and the enterprise bargaining process. Additionally, the Commission needed to consider whether the agreement was made in good faith and whether there was adequate representation of the employees during the bargaining process.

The Fair Work Commission found that the Wodonga Council Enterprise Agreement 2018 to 2021 met the necessary requirements under the Fair Work Act. The Commission determined that the agreement provided for fair and reasonable terms and conditions, was made in good faith, and included adequate employee representation. The Commission approved the application and certified the agreement as a registered agreement, effective from 1 July 2018.

No further orders were made beyond the certification of the agreement as a registered agreement under the Fair Work Act.

Wodonga City Council T/A Wodonga Council

DECISION

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Legal Principle Established