DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Meander Valley Council
(AG2019/2343)

MEANDER VALLEY COUNCIL ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER WILSON	MELBOURNE, 31 JULY 2019

Application for approval of the Meander Valley Council Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Meander Valley Council Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Meander Valley 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 referred to above, 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] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Meander Valley Council sought approval for its Enterprise Agreement 2019, which detailed the terms and conditions of employment for its employees. The matter was brought before the Fair Work Commission, which was required to determine whether the agreement was fair and appropriate for the employees it covered. The legal issues that the Commission needed to address included whether the agreement provided for minimum rates of pay, conditions, and entitlements that met or exceeded those required by the relevant award, and whether it included appropriate mechanisms for dispute resolution. The Commission also needed to consider whether the agreement was in the best interests of the employees it covered.

In its reasoning, the Commission noted that the agreement provided for minimum rates of pay, conditions, and entitlements that were consistent with the relevant award and that it included appropriate mechanisms for dispute resolution. The Commission also found that the agreement was in the best interests of the employees it covered, as it provided for a range of benefits and protections that went beyond those required by the award. These included provisions for flexible working arrangements, parental leave, and access to training and development opportunities. The Commission concluded that the agreement was fair and appropriate and approved it accordingly.

The Fair Work Commission's decision to approve the Meander Valley Council Enterprise Agreement 2019 is likely to have significant implications for the council and its employees. By approving the agreement, the Commission has recognised the council's efforts to provide its employees with fair and appropriate terms and conditions of employment. The agreement is now legally binding on both the council and its employees, and will govern their relationship for the duration of its term. It is likely to provide the council with greater flexibility in managing its workforce, while also providing employees with a range of benefits and protections that go beyond those required by the relevant award.

Meander Valley Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established