Maroondah City Council

[2023] FWCA 258

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maroondah City Council

(AG2022/5485)

MAROONDAH CITY COUNCIL ENTERPRISE AGREEMENT NO 11, 2022

Local government administration
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 25 JANUARY 2023

Application for approval of the Maroondah City Council Enterprise Agreement No 11, 2022

Maroondah City Council has applied for approval of an enterprise agreement known as the Maroondah City Council Enterprise Agreement No 11, 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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 Australian Nursing and Midwifery Federation and 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Maroondah City Council to have their Enterprise Agreement No 11, 2022 approved. The application was heard in the Fair Work Commission, the body responsible for regulating and approving such agreements in Australia. The dispute centred on whether the terms and conditions outlined in the agreement were fair and equitable for both the council and its employees.

The central legal issues before the Commission were whether the agreement met the statutory criteria for approval, including whether it provided for appropriate minimum rates of pay and conditions, and whether it was free from any unlawful content. The Commission also had to consider whether the agreement was negotiated in good faith and whether it included appropriate mechanisms for dispute resolution.

In its decision, the Commission found that the agreement met all the necessary criteria for approval. It noted that the agreement provided for minimum rates of pay and conditions that were consistent with industry standards, and that there was no unlawful content. The Commission also found that the agreement had been negotiated in good faith and that it included appropriate dispute resolution mechanisms. As a result, the Commission approved the agreement, finding that it was fair and reasonable for both parties.

The Commission's decision was a significant victory for the Maroondah City Council, which had been seeking approval of the agreement for some time. The approval of the agreement will provide certainty and stability for both the council and its employees, and will ensure that the council can continue to provide essential services to the community.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established