Council & Business
6 December, 2024
Fair Work Commission rules in favour of new enterprise agreement despite council opposition
Despite a Fair Work Commission ruling, the Central Goldfields Shire Council continues to fight an enterprise agreement that would see better conditions for staff, having potentially spent “tens of thousands of dollars” in legal fees.
The Commission ruled in favour of a multi-enterprise agreement covering the Central Goldfields and Ararat councils last week, following an application by the Australian Services Union (ASU).
Under an agreement of this kind, employees from different organisations can collectively bargain for better wages and conditions for all staff, bar the CEO.
The ASU first approached council regarding the agreement in March, with a majority of staff signing a petition in favour of the agreement.
Council initially opposed the agreement on the grounds staff did not provide informed consent when signing the petition, however after the ASU filed its evidence with the Commission, council indicated it did not oppose a finding that a “slim majority” of employees wanted to bargain for the agreement.
Council did, however, continue to argue it had an existing written agreement with the Australian Nurses and Midwives’ Federation for a proposed single-enterprise agreement and shortly before the hearing of the application, also contended that an authorisation by the Commission would be contrary to public interest.
Handing down its response last Wednesday, the Commission dismissed the objections raised by council, stating there was no formal written agreement in place and the contention around public interest was “no more than an assertion that Goldfields Council does not consent to the application”.
Despite the Commission ruling in favour of the agreement, the Central Goldfields is continuing to spend ratepayer money on legal advice and is refusing to come to the table, ASU deputy branch secretary Zoe Edwards said.
“We made this application on July 2, if Central Goldfields had consented like Ararat did, this would have been over with quickly — we would be at the bargaining table negotiating the EA and getting workers a pay rise,” she said.
“(Council) are now seeking further legal advice and are refusing to meet with us to start bargaining despite the authorisation from the commission.
“I’ve contacted council with proposed dates to meet and they have refused on the basis they were receiving further legal advice.
“It’s a pretty astonishing choice to challenge the full bench decision and spend ratepayers money like this, and Central Goldfields would have spent tens of thousands of dollars in legal costs already.
“We’ve had support from right across the workforce for this, so just who is accountable for making these choices with ratepayer money?”
Ms Edwards said council’s decision making is having a real impact on staff, who have shown they want to see change.
“In the last enterprise agreement, Central Goldfields got a 1.5 percent pay rise at a time where inflation was running at seven and eight percent,” she said.
“Those staff have taken a very large, real wages cut over the last few years and we are seeking in this agreement to get them a fair wage increase that meets cost of living increases — it’s a very reasonable ask.
“We are optimistic that we can take the best conditions from Ararat and the best conditions from Central Goldfields and create one agreement to cover both council’s staff.
“This is not a radical proposition, all we are asking is council negotiate with their own workers — they’ve got nothing to be fearful of, these are the people they work with every day.”
The ASU intends to commence bargaining for the new agreement before Christmas, but needs council to agree to meet before it can begin.
The Advertiser asked council why, despite the Commission’s ruling, it continues to oppose the agreement.
We also asked who at council is making the decision to spend ratepayer money on legal advice.
Council management declined to comment.
The Commission’s landmark decision highlights that councils are eligible to utilise multi-employer bargaining laws and is the first authorisation of this type in local government in the country.