Mitchell Shire Council T/A Mitchell Shire Council Summary

[2024] FWCA 3511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mitchell Shire Council T/A Mitchell Shire Council

(AG2024/2632)

MITCHELL SHIRE COUNCIL ENTERPRISE AGREEMENT NO.9 - 2024

Local government administration
DEPUTY PRESIDENT BELL	MELBOURNE, 8 OCTOBER 2024

Application for approval of the Mitchell Shire Council Enterprise Agreement No.9 - 2024

An application has been made for approval of an enterprise agreement known as the Mitchell Shire Council Enterprise Agreement No.9 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mitchell Shire Council T/A Mitchell Shire Council. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 21 November 2023 and the Agreement was made on 5 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Victorian Local Government Award 2015 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union (ASU), Australian Nursing and Midwifery Federation (ANMF) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) being a bargaining representative 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.

The Agreement was approved on 8 October 2024 and, in accordance with s.54, will operate from 15 October 2024. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Mitchell Shire Council applied for approval of the Mitchell Shire Council Enterprise Agreement No. 9 - 2024. This agreement was proposed between the Council, acting as the employer, and the union representing the employees, who had been involved in negotiations. The application was made to ensure that the terms of the agreement complied with the relevant industrial relations legislation and to secure formal recognition of the agreement.

The primary legal issue the Commission had to address was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement contained all the mandated terms and conditions, was free from prohibited content, and whether it had been negotiated in good faith. Additionally, the Commission had to ensure that the agreement did not undermine the existing minimum entitlements of the employees as set out in the relevant awards and safety nets.

After thorough consideration, the Commission found that the proposed agreement adhered to the necessary legislative requirements. It was determined that the agreement contained all mandated terms, did not include any prohibited content, and had been negotiated in good faith. Furthermore, the agreement did not contravene any minimum entitlements, thereby satisfying the legal standards for approval. As a result, the Fair Work Commission approved the Mitchell Shire Council Enterprise Agreement No. 9 - 2024, making it legally binding on the parties involved.

Mitchell Shire Council T/A Mitchell Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established