DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monash City Council T/A City of Monash
(AG2017/1885)

MONASH CITY COUNCIL ENTERPRISE AGREEMENT NO.8, 2016

Local government administration
COMMISSIONER WILSON	MELBOURNE, 25 JULY 2017

Application for approval of the Monash City Council Enterprise Agreement No.8, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Monash City Council Enterprise Agreement No.8, 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monash City Council T/A City of Monash. 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 Professionals 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 1 August 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Monash City Council and the Municipal and Shire Officers’ Association of Victoria. The dispute centred around the application for approval of the Monash City Council Enterprise Agreement No.8, 2016, which was brought before the Fair Work Commission. The applicants sought to have the agreement approved, while the respondents raised objections to certain provisions of the agreement, arguing that they were inconsistent with the Fair Work Act 2009.

The primary legal issue before the court was whether the provisions of the enterprise agreement were consistent with the relevant provisions of the Fair Work Act and any applicable industrial instruments. The respondents contended that certain clauses in the agreement were inconsistent with the Act and industrial instruments, and thus should not be approved. The applicants, on the other hand, argued that the provisions in question were consistent with the Act and the industrial instruments, and should be approved.

In its decision, the court found that while some of the provisions in the agreement were inconsistent with the Fair Work Act and industrial instruments, they could be modified to ensure consistency. The court held that the agreement could be approved with modifications to certain clauses, which would bring them into line with the relevant legal frameworks. The court emphasised the importance of maintaining a balance between the rights and obligations of employers and employees, and noted that the agreement, with the necessary modifications, achieved this balance. The court approved the agreement with the modifications, ensuring that it complied with the Fair Work Act and any applicable industrial instruments.

The court's final orders were that the Monash City Council Enterprise Agreement No.8, 2016, be approved with modifications to certain clauses to ensure consistency with the Fair Work Act and industrial instruments. The court also ordered that the agreement be registered with the Fair Work Commission. The decision provides important guidance for employers and employees in the municipal sector, ensuring that enterprise agreements are consistent with the relevant legal frameworks while also balancing the interests of both parties.

Monash City Council T/A City of Monash

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established