| [2023] FWCA 2425 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
City of Maribyrnong T/A Maribyrnong City Council
(AG2023/2186)
MARIBYRNONG CITY COUNCIL ENTERPRISE AGREEMENT 2022-2025
| Local government administration | |
| COMMISSIONER YILMAZ | MELBOURNE, 4 AUGUST 2023 |
Application for approval of the Maribyrnong City Council Enterprise Agreement 2022-2025
An application has been made for approval of an enterprise agreement known as the Maribyrnong City Council Enterprise Agreement 2022-2025 (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.
I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that certain provisions of the Agreement around redundancy and compassionate leave are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 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.
The Australian Services Union, Australian Nursing and Midwifery Federation and Professionals Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement is approved and in accordance with s.54, will operate from 11 August 2023. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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- AGLC
- City of Maribyrnong T/A Maribyrnong City Council [2023] FWCA 2425
- Case
- [2023] FWCA 2425
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the terms and conditions of the proposed agreement met the statutory requirements for approval under the relevant industrial relations legislation. Specifically, the court had to determine if the agreement was in accordance with the Fair Work Act 2009 and if it complied with the requirements for a certified agreement under section 176. This included assessing whether the agreement provided for fair and reasonable terms and conditions, including wages, hours of work, and other conditions of employment.
The court examined the evidence presented by both the council and the union, considering the economic context, the bargaining positions of the parties, and the provisions of the agreement. After thorough consideration, the court found that the terms and conditions of the Maribyrnong City Council Enterprise Agreement 2022-2025 were fair and reasonable. The court determined that the agreement met all statutory requirements for approval and did not contravene any relevant provisions of the Fair Work Act 2009. Consequently, the court approved the agreement.
The court's final orders were that the Maribyrnong City Council Enterprise Agreement 2022-2025 be approved and registered as a certified agreement under section 176 of the Fair Work Act 2009. This decision resolves the dispute and sets the terms and conditions of employment for the council's employees for the specified period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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