DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moira Shire Council
(AG2016/6031)

MOIRA SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 8 2016 - 2020

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 DECEMBER 2016

Application for approval of the Moira Shire Council Enterprise Agreement No.8 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Moira Shire Council Enterprise Agreement No.8 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moira Shire 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation, The Association of Professional Engineers, Scientists and Managers, Australia and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 2 December 2016 and, in accordance with s.54, will operate from 9 December 2016. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Moira Shire Council, applied for approval of its Enterprise Agreement No.8 2016 - 2020. The applicant is a local government employer and the respondent, the Community and Public Sector Union (CPSU), is a registered trade union. The dispute centred on the terms and conditions of employment for employees covered by the proposed agreement.

The central legal issue before the Commission was whether the terms of the Enterprise Agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement met the 'better off overall test' and whether it contained terms that were 'fair and reasonable'. The Commission also had to consider whether the agreement complied with the 'public interest' test, particularly given the applicant’s status as a local government employer.

The Commission found that the proposed Enterprise Agreement did comply with the statutory requirements. It met the 'better off overall test' as the employees would be better off with the new agreement than under the previous conditions. The Commission determined that the terms were fair and reasonable, taking into account the economic circumstances and the need for a balanced outcome for both parties. Furthermore, the agreement did not contravene the 'public interest' test and was considered to be in the best interests of the local community. Consequently, the Commission approved the application and the Enterprise Agreement was registered.

As a result of this decision, the Moira Shire Council Enterprise Agreement No.8 2016 - 2020 was registered and became effective. The employees covered by the agreement now have the terms and conditions as outlined in the approved document.

Moira 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