DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mildura Rural City Council
(AG2016/2837)

MILDURA RURAL CITY COUNCIL ENTERPRISE AGREEMENT NUMBER 8, 2015

Local government administration
COMMISSIONER ROE	MELBOURNE, 23 MAY 2016

Application for approval of the Mildura Rural City Council Enterprise Agreement Number 8, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mildura Rural City Council Enterprise Agreement Number 8, 2015 (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] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Municipal, Administrative, Clerical and Services Union and the Australian Nursing and Midwifery Federation 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 the organisations.

[4] The Agreement was approved on 23 May 2016 and, in accordance with s.54, will operate from 30 May 2016. The nominal expiry date of the Agreement is 24 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mildura Rural City Council, applied for approval of the Mildura Rural City Council Enterprise Agreement Number 8, 2015. The matter was heard in the Fair Work Commission. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it provided for the proper management of the Council’s workplace, was in the best interests of the employees and the Council, and complied with the relevant national employment standards.

The Commission was required to consider whether the agreement appropriately addressed the terms and conditions of employment for the Council’s staff, including wages, hours of work, leave provisions, and other employment-related matters. Additionally, the Commission had to ensure the agreement did not disadvantage employees in comparison to the applicable national workplace laws and that it complied with any relevant industry benchmarks or awards.

In determining the matter, the Commission examined the specific provisions of the proposed agreement, the submissions made by the parties, and relevant legislative and regulatory requirements. The Commission concluded that the agreement provided for the proper management of the workplace, was in the best interests of both the employees and the Council, and complied with the national employment standards. Consequently, the Commission approved the agreement, finding it met all necessary criteria for endorsement.

As a result of the decision, the Mildura Rural City Council Enterprise Agreement Number 8, 2015 was approved, allowing it to be formally adopted and implemented within the Council’s operations. The agreement will now serve as the governing document for the terms and conditions of employment for the Council’s staff, effective from the date of approval.

Mildura Rural 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