DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mildura Rural City Council
(AG2020/2093)

MILDURA RURAL CITY COUNCIL ENTERPRISE AGREEMENT NUMBER 9, 2020

Local government administration
DEPUTY PRESIDENT CLANCY	MELBOURNE, 10 AUGUST 2020

Application for approval of the Mildura Rural City Council Enterprise Agreement Number 9, 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Mildura Rural City Council Enterprise Agreement Number 9, 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mildura Rural City Council. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Mildura Rural City Council, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[3] I have noted the name of the enterprise agreement it was said the Company was bargaining for in the Notice of Employee Representational Rights (NERR) was Mildura Rural City Council Enterprise Agreement Number 9, 2019 whereas the ultimate name of the Agreement is as outlined above, but I am nonetheless satisfied the employees were not likely to have been disadvantaged as a result and that the Agreement has been genuinely agreed notwithstanding this minor technical error. 1

[4] I also observe that the Agreement is to be read in conjunction with the National Employment Standards (NES) and wherever the NES provide a more generous entitlement for employees, the NES will prevail to the extent of any ‘better entitlement’.

[5] The Agreement is voluminous and countless terms are required to be read in conjunction with others, across three parts and multiple appendices. While the Agreement is light years from being a model of clarity and simplicity, on the basis of the material contained in the application and accompanying statutory declaration, together with my conclusion at paragraph [3] 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.

[6] The Australian Nursing and Midwifery Federation (Victoria Branch) (ANMF Victoria Branch) and the Australian Municipal, Administrative, Clerical & Services Union Vic/Tas Authorities & Services Branch Union (ASU), 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) and based on the statutory declarations provided by these organisations, I note that the Agreement covers the ANMF Victoria Branch and the ASU.

[7] The Agreement is approved and, in accordance with s.54(1)(b), will operate from 17 August 2020. The nominal expiry date of the Agreement is 24 February 2023.

DEPUTY PRESIDENT

1 Fair Work Act 2009, s.188(2).

Printed by authority of the Commonwealth Government Printer

In the case of Mildura Rural City Council, the applicant sought approval of the Mildura Rural City Council Enterprise Agreement Number 9, 2020. The matter was heard in the Fair Work Commission, which was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The primary dispute centred on the terms of the agreement, particularly those concerning employee entitlements, remuneration, and conditions of employment.

The court had to decide whether the agreement met the requirements for approval under the Fair Work Act. This included assessing whether the agreement provided for a safety net of minimum wages and conditions, and whether it allowed for fair and flexible workplace arrangements. The court also had to consider if the agreement was made in good faith, without coercion, and whether it complied with other statutory obligations such as those related to the protection of vulnerable employees.

The Fair Work Commission found that the agreement satisfied the necessary criteria for approval. The commission held that the agreement provided for a safety net of minimum wages and conditions, and that it was made in good faith. The terms were deemed fair and flexible, and compliant with the statutory requirements. The commission was satisfied that the agreement adequately protected the rights of employees, including vulnerable workers, and met all necessary legal standards.

As a result, the commission approved the Mildura Rural City Council Enterprise Agreement Number 9, 2020, confirming its validity and enforceability. This decision provided clarity for both the council and its employees regarding the terms of their employment, ensuring that the agreement would be upheld in line with the principles of the Fair Work Act.

Mildura Rural City Council

DECISION

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