Yarra Ranges Shire Council Summary

[2013] FWCA 4042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Yarra Ranges Shire Council
(AG2013/6792)

YARRA RANGES SHIRE COUNCIL ENTERPRISE AGREEMENT 2013

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 21 JUNE 2013

Application for approval of the Yarra Ranges Shire Council Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Ranges Shire Council Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Yarra Ranges Shire Council. The Agreement is a single-enterprise agreement.

[2] I note at this stage that I did receive an anonymous letter drawing attention to certain provisions of the Agreement. I will not identify those provisions as they may identify the writer of the letter. However, I have considered the concerns of this person and examined the fairly chosen criteria as well as the better off overall test under the Act.

[3] Whilst I understand the concerns they do not give rise to a reason for refusal under the Act.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Australian Nursing Federation, the Australian Municipal, Administrative, Clerical and Services Union 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) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2013. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Yarra Ranges Shire Council, the applicant sought approval for the Yarra Ranges Shire Council Enterprise Agreement 2013. The applicant, Yarra Ranges Shire Council, applied for the approval of this enterprise agreement under the relevant industrial legislation. The matter was heard in the Fair Work Commission. The primary issue before the commission was whether the terms and conditions set forth in the enterprise agreement were fair and reasonable, and whether they complied with the legislative requirements under the applicable industrial laws.

The commission considered various aspects of the agreement, including the terms relating to remuneration, working conditions, and other employment-related matters. It assessed the fairness of the agreement by examining whether it provided for adequate minimum standards of employment, and whether it promoted efficient and productive workplace relations. The commission also evaluated whether the agreement had been negotiated in good faith and whether it allowed for adequate flexibility and adaptability in the workplace. After thorough consideration of the evidence and submissions, the commission found that the agreement met the necessary criteria and was in accordance with the relevant laws.

Consequently, the Fair Work Commission approved the Yarra Ranges Shire Council Enterprise Agreement 2013, thereby resolving the applicant's application. The commission's decision recognised the agreement as a fair and reasonable means of regulating the employment relationship between the council and its employees, and it provided the necessary legal framework for the implementation of the terms and conditions outlined in the agreement. The approval of the enterprise agreement ensures that the parties involved will be governed by a legally binding and fair set of terms and conditions, promoting effective and harmonious workplace relations.

Yarra Ranges Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established