DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moonee Valley City Council
(AG2017/5691)

MOONEE VALLEY CITY COUNCIL ENTERPRISE AGREEMENT 2017 - 2020

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 JANUARY 2018

Application for approval of the Moonee Valley City Council Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Moonee Valley City Council Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moonee Valley 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union, Australian Nursing and Midwifery Federation, Australian Education Union, and The Association of Professional Engineers, Scientists and Managers, Australia being a 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was brought by the Moonee Valley City Council, which sought approval for its Enterprise Agreement 2017-2020. The dispute arose from the council's efforts to formalise terms and conditions for its employees under a new agreement, which was subject to scrutiny for compliance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory requirements, including provisions for minimum wages, penalty rates, and other employment conditions.

The legal issues before the Commission centred on the interpretation and application of the Fair Work Act 2009, particularly sections relating to the approval of enterprise agreements. The Commission had to assess if the agreement adhered to the prescribed form, contained the necessary minimum terms and conditions, and if the agreement had been made in accordance with the processes stipulated by the Act. Additionally, the Commission considered whether the agreement provided fair and reasonable terms for the employees covered by it.

In rendering its decision, the Commission examined the agreement in detail, verifying its compliance with statutory requirements. It found that the agreement was in the correct form and contained all the mandated minimum terms and conditions. The Commission also considered the processes followed during the negotiation and execution of the agreement, concluding that these were fair and transparent. Based on these findings, the Commission determined that the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Moonee Valley City Council Enterprise Agreement 2017-2020, deeming it to be compliant with the Fair Work Act 2009. The agreement was found to appropriately outline the minimum terms and conditions for the employees, and the negotiation process was deemed fair and reasonable.

Moonee Valley 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