Yarriambiack Shire Council Summary

[2018] FWCA 7704

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Yarriambiack Shire Council

(AG2018/3327)

Yarriambiack Shire Council Enterprise Agreement Number 8 - 2018

Local government administration
Commissioner Bissett	MELBOURNE, 19 DECEMBER 2018

Application for approval of the Yarriambiack Shire Council Enterprise Agreement No 8 - 2018.

An application has been made for approval of an enterprise agreement known as the Yarriambiack Shire Council Enterprise Agreement No 8 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yarriambiack Shire Council. The Agreement is a single enterprise agreement.

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.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2018. The nominal expiry date of the Agreement is 5 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Yarriambiack Shire Council, sought approval of their Enterprise Agreement No 8 - 2018. The application was brought before the Fair Work Commission. The matter concerned the terms and conditions of employment for certain employees within the council. The applicant argued that the proposed agreement was fair and reasonable in all its terms.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was procedurally and substantively sound. Procedurally, it needed to be established that the agreement had been made in good faith, and that proper consultation had occurred between the employer and the employees. Substantively, the agreement had to be assessed to ensure it was fair and reasonable, taking into account the interests of both the employer and the employees.

After careful consideration of the evidence and submissions, the Commission found that the agreement had been made in good faith and that appropriate consultation processes had been followed. The Commission also concluded that the terms of the agreement were fair and reasonable. The applicant had provided sufficient evidence to demonstrate that the agreement was in the best interests of both parties. Accordingly, the Commission approved the Enterprise Agreement No 8 - 2018.

The Fair Work Commission approved the Yarriambiack Shire Council Enterprise Agreement No 8 - 2018. The Commission determined that the agreement met all necessary criteria under the Fair Work Act 2009. This decision provides clarity for both the Council and its employees regarding the terms of their employment.

Yarriambiack Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established