Meander Valley Council T/A Meander Valley Council Summary

[2022] FWCA 4463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Meander Valley Council T/A Meander Valley Council

(AG2022/5030)

Meander Valley Council Enterprise Agreement 2022

Local government administration
COMMISSIONER WILSON	MELBOURNE, 16 DECEMBER 2022

Application for approval of the Meander Valley Council Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Meander Valley Council Enterprise Agreement 2022 (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 T/A Meander Valley Council. The Agreement 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Meander Valley Council T/A Meander Valley Council applied for approval of the Meander Valley Council Enterprise Agreement 2022. The dispute arose from negotiations between the council and its employees over the terms of their employment. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it complied with the good faith bargaining obligations. The Commission also needed to consider if the agreement was in the best interests of the employees and the council.

The Commission found that the Enterprise Agreement met all the mandatory term requirements and complied with the good faith bargaining obligations. The Commission also determined that the agreement was in the best interests of both the employees and the council. As a result, the Commission approved the Meander Valley Council Enterprise Agreement 2022, and it came into effect on the date of the decision.

Meander Valley Council T/A Meander Valley Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established