DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manningham City Council
(AG2017/5706)

MANNINGHAM CITY COUNCIL ENTERPRISE AGREEMENT 7, 2017

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 MAY 2018

Application for approval of the Manningham City Council Enterprise Agreement 7, 2017.

[1] An application has been made for approval of an enterprise agreement known as the Manningham City Council Enterprise Agreement 7, 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Manningham City 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] The Australian Nursing and Midwifery Federation, the Association of Professional Engineers, Scientists and Managers, Australia and the Australian Municipal, Administrative, Clerical and Services Union 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 these organisations.

[5] The Agreement was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Manningham City Council, which sought approval of the Manningham City Council Enterprise Agreement 7, 2017. The application was heard in the Fair Work Commission. The dispute centred on the validity and fairness of the proposed enterprise agreement, which outlined terms and conditions of employment for certain council employees.

The legal issues before the Commission included whether the agreement was properly negotiated and if it complied with relevant industrial laws. The Council argued that the agreement was the result of good faith negotiations and was fair and reasonable. The Commission had to determine if the agreement met the necessary criteria for approval, including whether it provided for terms and conditions of employment that were no less favourable than the relevant industrial instrument.

The Commission found that the enterprise agreement was indeed the result of good faith negotiations and that it complied with all relevant provisions of the Fair Work Act. The agreement was deemed to be fair and reasonable, taking into account the interests of both the employees and the Council. The Commission was satisfied that the agreement met all necessary criteria for approval, and accordingly, it granted the application for the approval of the Manningham City Council Enterprise Agreement 7, 2017.

Manningham City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established