Macedon Ranges Shire Council

[2023] FWCA 1722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Macedon Ranges Shire Council

(cc)

MACEDON RANGES SHIRE COUNCIL ENTERPRISE AGREEMENT 2022

Local government administration
COMMISSIONER MIRABELLA	MELBOURNE, 14 JUNE 2023

Application for approval of the Macedon Ranges Shire Council Enterprise Agreement 2022.

Macedon Ranges Shire Council (the Employer) has made an application for approval of an enterprise agreement known as the Macedon Ranges Shire Council Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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) and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 14 June 2023 and, in accordance with s.54 of the Act, will operate from 21 June 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission considered an application from the Macedon Ranges Shire Council for approval of the Macedon Ranges Shire Council Enterprise Agreement 2022. The application was made under section 185 of the Fair Work Act 2009. The Agreement is intended to cover employees of the Council who are represented by the Australian Municipal, Administrative, Clerical and Services Union; the Australian Nursing and Midwifery Federation; and The Association of Professional Engineers, Scientists and Managers, Australia.

The primary legal issue was whether the Agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission examined whether the Agreement satisfied the provisions of sections 186, 187, 188 and 190 of the Act, and whether the Agreement covered the bargaining representatives as required. The written undertakings provided by the Employer were also reviewed to ensure they would not result in financial detriment to employees or substantial changes to the Agreement. The Commission also considered the potential inconsistency of certain provisions of the Agreement with the National Employment Standards.

The Commission found that the Agreement met the statutory requirements for approval and that the written undertakings would not cause financial detriment to employees or result in substantial changes to the Agreement. The Commission was satisfied that the more beneficial entitlements of the NES would prevail where there was an inconsistency between the Agreement and the NES. The Commission noted that the bargaining representatives had given notice under section 183 of the Act that they wanted the Agreement to cover them, and the declarations provided by the organisations confirmed that the Agreement did indeed cover these organisations.

The Macedon Ranges Shire Council Enterprise Agreement 2022 was approved on 14 June 2023 and will operate from 21 June 2023. The nominal expiry date of the Agreement is 30 June 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established