DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mansfield Shire Council
(AG2016/3182)

MANSFIELD SHIRE COUNCIL ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the Mansfield Shire Council Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mansfield 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 Mansfield Shire Council. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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 these organisations.

[5] The Agreement was approved on 28 June 2016 and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 7 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mansfield Shire Council was the applicant in this case, seeking approval for the Mansfield Shire Council Enterprise Agreement 2016. The applicant's application was opposed by the respondents, the Australian Nursing and Midwifery Federation, and the Australian Services Union. The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed enterprise agreement complied with the relevant legislative provisions, specifically whether it contained all the mandated terms and conditions and adhered to the applicable industrial laws.

The Commission began its analysis by examining the structure and content of the proposed agreement, ensuring that it included all the necessary terms and conditions required by the Fair Work Act 2009. The Commission noted that the application was made under section 173 of the Act and that the agreement was subject to the Fair Work (Registered Organisations) Act 2009. The Commission found that the application was validly made, and the agreement was properly executed. The Commission also considered the submissions from both parties regarding the compliance of the agreement with the relevant industrial laws.

In its decision, the Commission determined that the proposed agreement complied with all the necessary legal requirements. The Commission noted that the agreement contained all the mandated terms and conditions, and it was consistent with the applicable industrial laws. The Commission also found that the agreement was in the best interests of the employees and the employer. The Commission approved the application and registered the Mansfield Shire Council Enterprise Agreement 2016.

The Fair Work Commission approved the Mansfield Shire Council Enterprise Agreement 2016, finding it to be in compliance with the relevant industrial laws and containing all the necessary terms and conditions. The Commission registered the agreement, bringing it into effect from the date of the decision.

Mansfield Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established