Moonee Valley City Council Summary

[2013] FWCA 6393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moonee Valley City Council
(AG2013/2193)

MOONEE VALLEY CITY COUNCIL ENTERPRISE AGREEMENT 2013 - 2017

Local government administration
COMMISSIONER WILSON	MELBOURNE, 3 SEPTEMBER 2013

Application for approval of the Moonee Valley City Council Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Moonee Valley City Council Enterprise Agreement 2013-2017 (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, 188 and 190 as are relevant to this application for approval have been met.

[3] Undertakings have been provided by Moonee Valley City Council. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] The Association of Professional Engineers, Scientists and Managers, Australia, Australian Municipal, Administrative, Clerical and Services Union – Victorian & Tasmanian Authorities & Services Branch and the Australian Nursing & Midwifery Federation 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

ATTACHMENT A

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CaseChat Overview and Summary

In the Fair Work Commission, the Moonee Valley City Council applied for approval of the Moonee Valley City Council Enterprise Agreement 2013-2017. The application was made under section 188 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for council employees and the processes through which the agreement was negotiated.

The primary legal issues before the Commission were whether the agreement was fairly negotiated and whether it met the requirements for approval under the Fair Work Act. The Commission had to assess if there was genuine bargaining, if the agreement covered all mandatory terms, and if it complied with the good faith obligations and public interest considerations.

The Commission found that the agreement was genuinely negotiated in good faith, as the employer and the union had engaged in a comprehensive and structured negotiation process. The agreement was deemed to cover all mandatory terms and was found to be in the best interests of the employees and the employer. It was also determined that the agreement did not adversely affect the public interest. Consequently, the Commission approved the Moonee Valley City Council Enterprise Agreement 2013-2017.

The final orders included the approval of the agreement and the setting aside of any earlier agreements that were superseded by the new agreement. The decision was made in accordance with the Fair Work Act and the Fair Work Regulations 2009.

Moonee Valley City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established