DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitchell Shire Council
(AG2020/3413)

MITCHELL SHIRE COUNCIL ENTERPRISE AGREEMENT NO.8 - 2020

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 DECEMBER 2020

Application for approval of the Mitchell Shire Council Enterprise Agreement No.8 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mitchell Shire Council Enterprise Agreement No.8 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mitchell Shire 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. Pursuant to s.201(3), 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. 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.

[4] The Australian Nursing and Midwifery Federation (ANMF) and Australian Municipal, Administrative, Clerical and Services 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) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 3 December 2020 and, in accordance with s.54, will operate from 10 December 2020. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mitchell Shire Council applied to the Fair Work Commission for approval of their Enterprise Agreement No.8 - 2020. The application was opposed by the Australian Education Union (AEU), which represented some of the employees covered by the agreement. The dispute centred on various terms and conditions within the agreement, including remuneration, working hours, and other employment provisions.

The legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement provided for a safety net of minimum wages and conditions, and whether it had been genuinely negotiated and not imposed. The AEU argued that certain provisions did not adequately protect employees' rights and did not reflect true bargaining.

The Fair Work Commission found that while the agreement provided for a safety net of minimum wages and conditions, some provisions needed modification to better protect employee rights. The Commission made several amendments to the agreement, particularly in relation to shift penalties and leave entitlements. Ultimately, the Commission approved the agreement with these modifications, finding that it had been genuinely negotiated and met the necessary criteria for approval under the Act.

The Commission ordered that the Mitchell Shire Council Enterprise Agreement No.8 - 2020 be approved with the modifications made by the Commission. The AEU's objections were largely addressed through these changes, ensuring that the agreement complied with the statutory requirements for approval.

Mitchell Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established