DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Ranges Shire Council
(AG2016/5815)

YARRA RANGES SHIRE COUNCIL ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER LEE	MELBOURNE, 20 OCTOBER 2016

Application for the approval of the Yarra Ranges Shire Council Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Ranges Shire Council Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yarra Ranges Shire 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union, the 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Yarra Ranges Shire Council Enterprise Agreement 2016. The applicant, Yarra Ranges Shire Council, sought to have the enterprise agreement registered with the Fair Work Commission, ensuring its enforceability and compliance with the Fair Work Act 2009. The application was made under section 230 of the Act, which mandates that certain conditions must be met for an enterprise agreement to be approved.

The primary legal issues that the Commission needed to resolve were whether the agreement satisfied the statutory prerequisites for approval and if it adhered to the procedural requirements as outlined in the Fair Work Act. Specifically, the Commission had to determine if the agreement had been fairly and genuinely negotiated between the employer and the employees' representative, and if it included essential terms and conditions that complied with the Act. Additionally, the Commission had to ensure that the agreement was free from any unlawful content and that it did not negatively affect the employees' safety or health.

After carefully reviewing the application and the evidence provided, the Commission found that the Yarra Ranges Shire Council Enterprise Agreement 2016 met all the necessary criteria for approval. The agreement was deemed to have been fairly and genuinely negotiated, and it contained all the required terms and conditions. The Commission was satisfied that the agreement did not contain any unlawful provisions and that it did not compromise the safety or health of the employees. Consequently, the Commission approved the enterprise agreement, allowing it to be registered and enforced as a legally binding document.

Yarra Ranges 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