DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macedon Ranges Shire Council
(AG2016/4239)

MACEDON RANGES SHIRE COUNCIL ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Macedon Ranges Shire Council Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Macedon Ranges Shire Council Enterprise Agreement 2016 (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 Applicant 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.

[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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Macedon Ranges Shire Council, which sought approval for its Enterprise Agreement 2016. The application was heard by the Fair Work Commission (FWC), the body responsible for regulating and approving enterprise agreements under the Fair Work Act 2009 (Cth). The dispute centred on whether the proposed agreement met the legal standards for approval, particularly in relation to the provisions governing the terms and conditions of employment for council employees.

The primary legal issues addressed by the FWC were whether the agreement contained the necessary good faith bargaining provisions and if the terms and conditions of employment were fair and reasonable. The FWC examined whether the agreement had been negotiated in good faith, as required by section 228 of the Fair Work Act, and if the terms and conditions set out in the agreement were fair and reasonable having regard to the national employment standards and any relevant awards or agreements. The FWC also considered the impact of the agreement on the employees’ overall conditions, including wages, hours of work, leave entitlements, and other benefits.

In its decision, the FWC determined that the agreement had been negotiated in good faith and contained the necessary provisions for good faith bargaining. The Commission found that the terms and conditions of employment in the agreement were fair and reasonable, taking into account the national employment standards, relevant awards, and the broader economic context. The FWC concluded that the agreement provided a fair and reasonable outcome for both the council and its employees. Consequently, the FWC approved the Enterprise Agreement 2016, subject to the terms and conditions outlined in the decision.

The Fair Work Commission approved the Macedon Ranges Shire Council Enterprise Agreement 2016, finding that it had been negotiated in good faith and contained fair and reasonable terms and conditions of employment.

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