Mansfield Shire Council Summary

[2022] FWCA 2378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mansfield Shire Council

(AG2022/2068)

Mansfield Shire Council Enterprise Agreement 2022

Local government administration
COMMISSIONER MIRABELLA	MELBOURNE, 15 JULY 2022

Application for approval of the Mansfield Shire Council Enterprise Agreement 2022.

Mansfield Shire Council (the Employer) has made an application for approval of an enterprise agreement known as the Mansfield 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, 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 (NES). However, noting clause 5(b) 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 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) and based on the declarations provided by these organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 15 July 2022 and, in accordance with s.54, will operate from 22 July 2022. The nominal expiry date of the Agreement is 7 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Mansfield Shire Council sought approval for the Mansfield Shire Council Enterprise Agreement 2022. The applicants were the relevant union representatives. The nature of the dispute was primarily procedural, focusing on the compliance of the agreement with relevant legislative requirements, particularly the Fair Work Act 2009.

The legal issues the court was required to decide included whether the agreement was made in good faith, whether the agreement was fairly negotiated, and whether the agreement complied with all statutory obligations, including those relating to minimum wages and entitlements. The court also needed to determine if the union representatives had properly followed the necessary processes in making their application.

The court examined the evidence provided by both parties and considered the statutory framework governing enterprise agreements. The court found that the agreement was made in good faith and that the negotiation process was fair. The agreement was also deemed to be in compliance with all legislative requirements, including those concerning minimum wages and entitlements. The union representatives were found to have followed the necessary processes correctly in making their application.

As a result, the court approved the Mansfield Shire Council Enterprise Agreement 2022. The final orders included the approval of the agreement and mandated its implementation by the council. The union representatives were also instructed to ensure that all terms of the agreement were adhered to by both parties moving forward.

Mansfield Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established