DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moira Shire Council
(AG2021/4623)

MOIRA SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 9 2020 – 2023

Local government administration
COMMISSIONER JOHNS	SYDNEY, 20 APRIL 2021

Application for approval of the Moira Shire Council Enterprise Agreement No. 9 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Moira Shire Council Enterprise Agreement No. 9 2020 - 2023 (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] 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation, and the Association of Professional Engineers, Scientists and Managers, Australia, 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 is approved and, in accordance with s.54 of the Act, will operate from 27 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Moira Shire Council, sought approval of its Enterprise Agreement No. 9 for the period 2020 to 2023, as required by the Public Sector Management Act 1994 (Cth). The application was lodged with the Fair Work Commission, which was required to determine if the agreement met the statutory requirements and was in the public interest.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Public Sector Management Act, which mandates that agreements be fair, efficient, and in the public interest. This involved assessing whether the terms of the agreement were reasonable and not detrimental to the public sector's operational needs. The Commission also needed to ensure that the agreement did not contravene any relevant industrial relations laws or principles of natural justice.

The Commission found that the agreement was fair, efficient, and in the public interest. It considered the economic context, the bargaining positions of the parties, and the need for flexibility in the public sector. The Commission noted that the agreement provided for appropriate wage increases, maintained reasonable working conditions, and included provisions for dispute resolution. The Commission concluded that the agreement met the statutory requirements and was not likely to have any adverse impact on the public sector's operational efficiency.

The Fair Work Commission approved the Moira Shire Council Enterprise Agreement No. 9 for the period 2020 to 2023. This decision confirmed the agreement's compliance with the relevant legislation and its alignment with public sector objectives. The approval ensures that the agreement will govern the employment conditions of the relevant employees during the specified period, subject to any further orders or variations that may be necessary.

Moira Shire Council

DECISION

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Background to the litigation

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Legal Principle Established