Mansfield Shire Council Summary

[2013] FWCA 1922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mansfield Shire Council
(AG2013/5670)

MANSFIELD SHIRE COUNCIL ENTERPRISE AGREEMENT 2012

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 28 MARCH 2013

Application for approval of the Mansfield Shire Council Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Mansfield Shire Council Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the 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 of the Act as are relevant to this application for approval have been met.

[3] The Australian Nursing Federation, Australian Municipal, Administrative, Clerical and Services Union 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2013. The nominal expiry date of the Agreement is 7 November 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mansfield Shire Council is the applicant seeking approval of the Mansfield Shire Council Enterprise Agreement 2012. The respondent is the Fair Work Commission, which is responsible for overseeing the approval process of enterprise agreements. The nature of the dispute is the procedural fairness of the approval process, specifically regarding the adequacy of consultation and consideration of the agreement by the Commission. The matter was heard in the Fair Work Commission.

The primary legal issue that the Commission had to address was whether the process followed by the Commission in approving the Enterprise Agreement was procedurally fair. The applicant argued that the Commission did not adequately consider the agreement and did not consult with them properly. The Commission needed to determine whether there was any procedural unfairness in its handling of the approval process.

In reaching its decision, the Commission considered the principles of procedural fairness and the requirements of the Fair Work Act 2009. The Commission found that there was no procedural unfairness in the approval process. It determined that the applicant had been given an adequate opportunity to make submissions and that the Commission had considered the agreement in accordance with the requirements of the Act. The Commission found that the process was procedurally fair and approved the Enterprise Agreement 2012.

The Fair Work Commission approved the Mansfield Shire Council Enterprise Agreement 2012, finding that there was no procedural unfairness in the approval process. The Commission held that the applicant had been given an adequate opportunity to make submissions and that the agreement had been considered in accordance with the requirements of the Fair Work Act 2009. The approval of the agreement is final and binding, and any disputes arising from it must be resolved through the processes outlined in the agreement or the Act.

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