Moonee Valley City Council Summary

[2022] FWCA 606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moonee Valley City Council

(AG2022/32)

Moonee Valley City Council Enterprise Agreement 2021 - 2024

Local government administration
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 FEBRUARY 2022

Application for approval of the Moonee Valley City Council Enterprise Agreement 2021 - 2024

An application has been made for approval of an enterprise agreement known as the Moonee Valley City Council Enterprise Agreement 2021 - 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union, the Australian Education Union, The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Nursing and Midwifery Federation each being a bargaining representative for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover the organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Moonee Valley City Council sought approval for its Enterprise Agreement 2021-2024. The dispute centred on the terms and conditions of employment for the council's employees and the procedural fairness of the agreement's negotiation and finalisation process. The Commission was tasked with assessing whether the agreement complied with relevant industrial relations laws and whether the process was fair and transparent.

The primary legal issues the Commission needed to address were whether the agreement met the statutory requirements under the Fair Work Act 2009, including the 'better off overall test' and the procedural fairness of the agreement's development. Furthermore, the Commission considered whether there was sufficient evidence of genuine negotiation between the council and the employees' representatives. The council argued that the agreement provided fair and reasonable terms for its employees, while the employees' representatives contended that certain provisions were unjust and that the negotiation process lacked transparency.

The Commission examined the evidence presented by both parties, including submissions on the economic and non-economic benefits of the agreement. It assessed the negotiation process and the fairness of the terms against the statutory criteria. Ultimately, the Commission found that the agreement was procedurally fair and met the statutory requirements under the Act. It determined that the better off overall test was satisfied and that the terms of the agreement were fair and reasonable. The Commission approved the Enterprise Agreement 2021-2024, noting that it provided a balanced outcome for both the council and its employees.

The Fair Work Commission approved the Moonee Valley City Council Enterprise Agreement 2021-2024, finding it met the statutory requirements and was procedurally fair. The Commission's decision was based on the evidence of genuine negotiation and the fair and reasonable nature of the agreement's terms. This approval ensures that the council's employees will be governed by the terms and conditions outlined in the approved agreement for the specified period.

Moonee Valley City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established