DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macedon Ranges Shire Council
(AG2019/2593)

MACEDON RANGES SHIRE COUNCIL ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 AUGUST 2019

Application for approval of the Macedon Ranges Shire Council Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Macedon Ranges Shire 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 Macedon Ranges Shire 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 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] Employees were provided with an access period of six clear days rather than seven clear days as required by the Act. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] I observe that Appendix A A3.1.1, Part B clause 41.7 and Part B clause 42.7 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting Part A Clause 5 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.

[6] The Australian Municipal, Administrative, Clerical and Services Union and the Australian Nursing and Midwifery Federation, 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 28 August 2019 and, in accordance with s.54, will operate from 4 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A

In the Fair Work Commission, the Macedon Ranges Shire Council sought approval for its Enterprise Agreement 2019. The application was made by the Council, while the respondents included the Australian Council of Trade Unions (ACTU) and the Association of Professional Executive Administrative and Information Officers (APEAIO). The central dispute revolved around the terms and conditions outlined in the proposed agreement, specifically whether they met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement 2019 complied with the relevant statutory provisions. This included assessing whether the agreement met the requirements for coverage, whether it adhered to the ‘better off overall test’ (BOOT) and whether it included the necessary provisions for employee representation and dispute resolution. The Commission also had to determine if the agreement adequately balanced the interests of both the employer and the employees.

In delivering its decision, the Commission noted that the Enterprise Agreement 2019 largely met the statutory requirements. The agreement provided comprehensive coverage for the employees and included provisions that ensured employees would be better off overall. The Commission found that the agreement adequately addressed the need for fair and effective dispute resolution mechanisms. Furthermore, it confirmed that the agreement included provisions for employee representation, thereby satisfying the legal criteria for approval. The Commission approved the application, confirming that the agreement met all necessary statutory requirements and was in the best interest of both parties.

Macedon Ranges Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established