DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manningham City Council
(AG2014/10524)

MANNINGHAM CITY COUNCIL ENTERPRISE AGREEMENT 6, 2014

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 29 JANUARY 2015

Application for approval of the Manningham City Council Enterprise Agreement 6, 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Manningham City Council Enterprise Agreement 6, 2014 (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 Applicant).

[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 (ASU), Australian Nursing and Midwifery Federation (ANMF), Association of Professional Engineers, Scientists and Manager (APESMA) being the bargaining representative 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 does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and attached to the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Manningham City Council, an employer, applied to the Fair Work Commission for approval of the Manningham City Council Enterprise Agreement 6, 2014. The applicant sought approval under section 233 of the Fair Work Act 2009 to have the agreement registered as a registered agreement. The agreement was negotiated between the council and the unions representing the council’s employees.

The main legal issues that the Commission was required to decide were whether the agreement was a genuinely negotiated agreement, whether it contained the minimum terms and conditions as required by the Fair Work Act, and whether it was in the best interests of the employees. The Commission also needed to determine if the agreement complied with the procedural fairness requirements.

The Commission found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. It was also in the best interests of the employees. The Commission considered the evidence presented by both parties and was satisfied that the agreement was negotiated in good faith. The Commission concluded that the agreement complied with procedural fairness requirements and approved the agreement. The Commission found that the agreement was fair and reasonable and would provide better outcomes for the employees than the applicable award or agreement.

The Commission approved the agreement and directed that it be registered as a registered agreement under section 186 of the Fair Work Act. The agreement will now be binding on the parties and will replace any previous agreements between the council and the unions.

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