DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mansfield Shire Council
(AG2019/546)

MANSFIELD SHIRE COUNCIL ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 10 MAY 2019

Application for approval of the Mansfield Shire Council Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mansfield 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 Mansfield 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] 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 the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2019. The nominal expiry date of the Agreement is 7 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Mansfield Shire Council applied for approval of the Mansfield Shire Council Enterprise Agreement 2019, with the relevant unions opposing the application. The primary dispute revolved around various terms of the agreement, including classification, remuneration, leave entitlements, and procedural fairness.

The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for appropriate terms and conditions of employment, whether it facilitated efficient workplace relations, and whether it was free from any unfair elements. Additionally, the Commission considered whether the agreement adequately protected employees' rights and interests.

The Commission found that the agreement largely complied with the statutory requirements for approval. It concluded that the agreement provided for fair terms and conditions of employment, facilitated efficient workplace relations, and did not contain any unfair elements. The Commission also noted that the agreement adequately protected employees' rights and interests. As a result, the Commission approved the Mansfield Shire Council Enterprise Agreement 2019, subject to certain minor modifications to ensure compliance with the Act.

The Commission made an order approving the Mansfield Shire Council Enterprise Agreement 2019 with the specified modifications. The agreement is now in effect, governing the employment terms and conditions of the relevant employees within the Mansfield Shire Council.

Mansfield 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