DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monash City Council
(AG2019/4208)

MONASH CITY COUNCIL ENTERPRISE AGREEMENT NO. 9, 2019

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 NOVEMBER 2019

Application for approval of the Monash City Council Enterprise Agreement No. 9, 2019.

[1] An application has been made for approval of an enterprise agreement known as the Monash City Council Enterprise Agreement No. 9, 2019 (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. 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. 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.

[3] I observe that clauses 2 and 8.1 of Part A, Appendix 1 of the Agreement, and clauses 37.4.1, 39.1.1(d), 39.3.1, 41.7 and 41.9.2 of Part B of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting Part A, clause 1.4.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Nursing and Midwifery Federation (ANMF), The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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 28 November 2019 and, in accordance with s.54, will operate from 5 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Monash City Council sought approval for Enterprise Agreement No. 9, 2019. This agreement aimed to govern the employment conditions of its staff, including wages, hours of work, leave entitlements, and other related terms. The dispute arose as the Council needed to ensure the agreement was in line with relevant employment laws and that it had followed proper consultation processes as required by the Fair Work Act 2009.

The primary legal issue the court had to address was whether the Council had adequately consulted with its employees before entering into the agreement and whether the terms of the agreement were fair and reasonable. The court also needed to determine if the agreement complied with the statutory requirements set out in the Fair Work Act and the Fair Work Regulations. Additionally, the court examined whether the Council had provided sufficient evidence to support the necessity of certain terms included in the agreement.

The court found that the Monash City Council had fulfilled its obligations under the Fair Work Act by engaging in meaningful consultation with its employees. The Council demonstrated that it had provided employees with adequate information about the proposed agreement and had given them a reasonable opportunity to discuss and respond to the proposed terms. Furthermore, the court held that the terms of the agreement were fair and reasonable, considering the economic and employment context in which they were made. The court was satisfied that the Council had provided comprehensive evidence to support the necessity of certain terms, which were deemed appropriate under the circumstances. Consequently, the court approved the Enterprise Agreement No. 9, 2019.

The final orders of the court approved the Enterprise Agreement No. 9, 2019, as proposed by the Monash City Council. The agreement was deemed to be compliant with the requirements of the Fair Work Act and the Fair Work Regulations. The court's approval allowed the Council to implement the agreement, thereby governing the employment conditions of its staff according to the terms set out in the agreement.

Monash City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established