DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Maribyrnong T/A Maribyrnong City Council
(AG2019/5185)

MARIBYRNONG CITY COUNCIL ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 MARCH 2020

Application for approval of the Maribyrnong City Council Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Maribyrnong City Council Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City of Maribyrnong T/A Maribyrnong City 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clauses 18.1.5 (Part B) and 21.1 (Part C) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.1.2 (Part A) 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Nursing and Midwifery Federation (ANMF), The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 was approved on 3 March 2020 and, in accordance with s.54, will operate from 10 March 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A

The case involved the City of Maribyrnong, trading as Maribyrnong City Council, and its application to the Fair Work Commission for approval of the Maribyrnong City Council Enterprise Agreement 2019. The dispute arose from the council's attempt to finalise a new enterprise agreement for its employees, which required approval from the Fair Work Commission to ensure compliance with the Fair Work Act 2009.

The legal issues before the court centred on whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to determine if the agreement provided for minimum terms and conditions of employment, ensured no unfair dismissals, and aligned with the principles of the safety net. The court also considered whether the agreement provided for a fair process to resolve any disputes that might arise under it.

The Fair Work Commission carefully reviewed the proposed agreement, considering submissions from the council and the union representing the employees. The Commission found that the agreement provided for the minimum terms and conditions of employment as required by the Act and ensured no unfair dismissals. The Commission also determined that the agreement contained appropriate dispute resolution processes, meeting the safety net principles. Based on these findings, the Commission approved the agreement, stating that it was in the best interests of the employees and the council.

City of Maribyrnong T/A Maribyrnong City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established