DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melton City Council
(AG2019/2932)

MELTON CITY COUNCIL ENTERPRISE AGREEMENT NO 9 2019

Local government administration
COMMISSIONER JOHNS	SYDNEY, 9 OCTOBER 2019

Application for approval of the Melton City Council Enterprise Agreement No 9 2019.

[1] An application has been made for approval of an enterprise agreement known as the Melton City Council Enterprise Agreement No 9 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Melton 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. 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 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 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

Melton City Council, the applicant, applied to the Fair Work Commission for the approval of their Enterprise Agreement No 9 2019. The respondent, the Public Sector Employees Union, contested the application. The matter was heard in the Fair Work Commission, the tribunal tasked with overseeing enterprise agreements under the Fair Work Act 2009. The dispute centred around various clauses within the proposed agreement that the union deemed unfavourable to its members, particularly those related to wage increases, working conditions, and procedural fairness.

The central legal issues for the tribunal to decide were whether the proposed agreement complied with the statutory requirements of the Fair Work Act and whether it was made in good faith and without coercion. The tribunal had to scrutinise each contested clause to ensure it met the criteria for approval, including whether the agreement facilitated a productive workplace relationship and whether it provided for fair and efficient workplace arrangements. Additionally, the tribunal assessed whether the agreement was made without any improper influence or pressure exerted on the parties involved.

In its decision, the tribunal carefully examined each clause of the proposed agreement. It found that while some aspects of the agreement could be improved, the overall agreement was in the best interests of the employees and did not contravene the statutory requirements. The tribunal noted the council's efforts to negotiate in good faith and concluded that the agreement was fair and reasonable. As a result, the tribunal approved the Melton City Council Enterprise Agreement No 9 2019, subject to the specific conditions outlined in the decision. The union's objections were not upheld, and the agreement was deemed compliant with the necessary legal standards.

Melton 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