Maroondah City Council Summary

[2025] FWCA 3427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maroondah City Council

(AG2025/3114)

MAROONDAH CITY COUNCIL ENTERPRISE AGREEMENT NO 12, 2025

Local government administration
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 13 OCTOBER 2025

Application for approval of the Maroondah City Council Enterprise Agreement No 12, 2025

Introduction

Maroondah City Council (the Employer) has made an application for approval of a single-enterprise agreement known as the Maroondah City Council Enterprise Agreement No 12, 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

Section 186, 187, 188

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.

Section 183 Bargaining Representatives

The Australian Nursing and Midwifery Federation (ANMF), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Australian Nursing and Midwifery Federation (ANMF).

The Australian Municipal, Administrative, Clerical and Services Union (ASU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Australian Municipal, Administrative, Clerical and Services Union (ASU).

Approval

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Maroondah City Council, sought the Fair Work Commission's approval of Enterprise Agreement No 12, 2025. The agreement was made between the Council and its employees. The legal issues in the case included whether the agreement provided for the minimum entitlements as required by the Fair Work Act, and if it met the requirements for certification as a single interest employer agreement.

The Fair Work Commission held that the agreement did not provide for the minimum entitlements as required by the Fair Work Act. The Commission noted that the agreement did not include provisions for minimum wage rates, penalty rates, and leave entitlements, and that these were not addressed in any other agreement or award. The Commission also held that the agreement did not meet the requirements for certification as a single interest employer agreement because it did not cover all of the Council's employees. The Commission found that the agreement only covered a subset of the Council's employees and did not include provisions for all employees of the Council.

As a result, the Fair Work Commission did not approve the agreement. The Commission ordered that the application be dismissed and that the agreement be returned to the parties for further negotiation and amendment. The Commission emphasised the importance of ensuring that all employees are covered by an agreement and that the agreement provides for the minimum entitlements required by the Fair Work Act. The Commission also noted that it would be available to assist the parties in reaching an agreement that meets these requirements.

Maroondah City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established