Melbourne City Council T/A City Of Melbourne

[2021] FWCA 6487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne City Council T/A City Of Melbourne
(AG2021/7697)

MELBOURNE CITY COUNCIL ENTERPRISE AGREEMENT 2021

Local government administration
COMMISSIONER WILSON	MELBOURNE, 29 OCTOBER 2021

Application for approval of the Melbourne City Council Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Melbourne City Council Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne City Council T/A City Of Melbourne. 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. The undertakings are taken to be a term of 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 Association of Professional Engineers, Scientists, 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 Australian Nursing and Midwifery Federation, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Melbourne City Council, trading as the City of Melbourne, for approval of the Melbourne City Council Enterprise Agreement 2021. The Council sought to formalise its employment terms with its workforce, aiming for a comprehensive agreement that would govern wages, working conditions, and other employment-related matters. The Commission was tasked with ensuring the agreement met the statutory requirements under the Fair Work Act 2009 and was fair and reasonable for the employees involved.

The central legal issues the Commission addressed were whether the proposed agreement adhered to the mandatory terms and conditions stipulated in the Act, and whether it was fair and reasonable. This involved examining the agreement's provisions on wages, leave entitlements, working hours, and other employment terms, assessing if they met or exceeded the minimum standards set by the Act. Furthermore, the Commission had to consider if the agreement had been negotiated in good faith and if it was consistent with the principles of procedural fairness.

In deliberating the application, the Commission reviewed the negotiation process, the terms of the proposed agreement, and the submissions made by the Council and other stakeholders. The Commission concluded that the agreement complied with the statutory requirements and was fair and reasonable, taking into account the specific context of the Council's operations and the needs of its workforce. The Commission found that the Council had engaged in genuine negotiations and that the agreement reflected a balanced approach to the interests of both the employer and employees. As such, the Commission approved the agreement, confirming its compliance with the legislative framework and its suitability for adoption as a binding enterprise agreement.

The Fair Work Commission approved the Melbourne City Council Enterprise Agreement 2021, finding it met the statutory requirements under the Fair Work Act 2009 and was fair and reasonable. This decision formalises the employment terms between the Council and its workforce, providing a legally binding agreement that governs various aspects of employment. The approval ensures that the terms of the agreement are legally enforceable and that both parties are bound by the provisions outlined within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established