City of Monash Summary

[2013] FWCA 8638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Monash
(AG2013/10788)

MONASH CITY COUNCIL ENTERPRISE AGREEMENT NO.7, 2013

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 1 NOVEMBER 2013

Application for approval of the Monash City Council Enterprise Agreement No.7, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Monash City Council Enterprise Agreement No.7, 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the City of Monash. The Agreement is a single-enterprise agreement.

[2] 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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the applicant, Monash City Council, sought approval of its Enterprise Agreement No.7, 2013. The respondent, the Council of the City of Monash Employees Union, opposed the approval on various grounds. The application was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the terms of the proposed Enterprise Agreement complied with the statutory requirements outlined in the Fair Work Act 2009. The court had to determine if the agreement, which included provisions related to employment conditions, wages, and working arrangements, met the criteria for approval under the Act. Specifically, the court examined if the agreement provided for fair and reasonable terms and conditions and if it was free from any illegality.

The court found that the Enterprise Agreement complied with the statutory requirements. The terms of the agreement were deemed fair and reasonable, and there was no evidence of illegality. The court considered the evidence presented by both parties and the provisions of the Fair Work Act. It concluded that the agreement was in the best interests of the employees and the employer and thus granted the approval sought by the applicant.

The court ordered that the Monash City Council Enterprise Agreement No.7, 2013, be approved in accordance with the Fair Work Act 2009. This decision allows the agreement to take effect and govern the employment conditions of the employees of the Monash City Council as per the terms outlined in the agreement.

City of Monash

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established