DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melton City Council
(AG2016/5277)

MELTON CITY COUNCIL ENTERPRISE AGREEMENT NO 8 2016

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Melton City Council Enterprise Agreement No 8 2016.

[1] An application has been made for approval of an enterprise agreement known as the Melton City Council Enterprise Agreement No 8 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melton City Council. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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 and 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by the Melton City Council to approve the Melton City Council Enterprise Agreement No 8 2016. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, particularly in relation to its impact on the employees of the council.

The key legal issues addressed by the Commission included whether the agreement adequately covered all relevant terms and conditions of employment, whether it provided for fair and reasonable terms, and if it complied with the provisions of the Act concerning the process for the making of an enterprise agreement. The Commission also had to consider whether the agreement was negotiated in good faith and if it met the requirements for the protection of employees' rights.

The Commission found that the agreement was comprehensive and covered all necessary terms and conditions of employment. It concluded that the proposed terms were fair and reasonable, and that the negotiation process had been conducted in good faith. The Commission noted that the agreement provided for adequate protections for employees, including provisions for dispute resolution and the preservation of certain entitlements. Given these findings, the Commission approved the agreement, confirming its compliance with the statutory requirements and its suitability for implementation.

As a result of the Commission's decision, the Melton City Council Enterprise Agreement No 8 2016 was approved and is now in effect, governing the employment conditions of the council's employees.

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