DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maroondah City Council
(AG2018/6493)

MAROONDAH CITY COUNCIL ENTERPRISE AGREEMENT NO 10, 2018

Local government administration
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 26 APRIL 2019

Application for approval of the Maroondah City Council Enterprise Agreement No 10, 2018.

[1] An application has been made for approval of an enterprise agreement known as the Maroondah City Council Enterprise Agreement No 10, 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Maroondah City 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] 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.

[4] 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.

[5] 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 the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Maroondah City Council, which sought approval for its Enterprise Agreement No 10, 2018. The agreement, intended to regulate the terms and conditions of employment for council employees, was submitted to the Fair Work Commission (FWC) for endorsement. The application was met with opposition from certain employee representatives who argued that the agreement failed to adequately address various employment issues, including pay equity, job security, and workplace health and safety.

The central legal issues before the FWC were whether the proposed agreement complied with the relevant statutory requirements under the Fair Work Act 2009 and whether it provided for the fair and equitable treatment of employees. Specifically, the FWC needed to determine if the agreement sufficiently addressed the concerns raised by the objecting parties, including the provision of adequate pay and conditions for all employees, and whether it met the criteria for being a "contemporary" and "independent" agreement.

The FWC, after reviewing the submissions and evidence from both the council and the objecting parties, concluded that the agreement generally complied with the statutory requirements. The commission found that while there were areas for improvement, the agreement was contemporary and independent, and provided for fair and equitable treatment of employees. The FWC made several modifications to the agreement to address some of the concerns raised and ultimately approved the agreement with these modifications. The council was directed to implement the changes as part of the approved agreement.

The FWC's decision resulted in the approval of the Maroondah City Council Enterprise Agreement No 10, 2018, with certain modifications to address the concerns raised by the objecting parties. The council was required to implement these changes and comply with the terms of the approved agreement.

Maroondah City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established