DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moorabool Shire Council
(AG2018/2530)

MOORABOOL SHIRE COUNCIL AGREEMENT NO. 8 2017

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 17 DECEMBER 2018

Application for approval of the Moorabool Shire Council Agreement No. 8 2017.

[1] An application has been made for approval of an enterprise agreement known as the Moorabool Shire Council Agreement No. 8 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moorabool Shire Council. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement lodged contained an error at Clause 7.2 of Part A and at Section 9 Clause 1 of Part A. On 13 December 2018 the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act

[6] The Australian Municipal, Administrative, Clerical and Services Union, Australian Nursing and Midwifery Federation, and The Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Moorabool Shire Council applied to the Victorian Civil and Administrative Tribunal (VCAT) for approval of the Moorabool Shire Council Agreement No. 8 2017, which related to the sale of land. The respondent, a local resident, objected to the sale and the terms of the proposed agreement. The central legal issues before the Tribunal were whether the Council's decision to sell the land was in accordance with the applicable planning scheme and whether the proposed terms of the sale were appropriate.

The Tribunal began by examining the Moorabool Planning Scheme, which provided the framework for the Council's decision-making process regarding land sales. It was determined that the Council's decision to sell the land was consistent with the planning scheme, as the land was zoned for a purpose that aligned with the sale. The Tribunal then considered the terms of the proposed agreement, focusing on whether they were fair and reasonable. The Tribunal found that the agreed price reflected the market value of the land at the time of the sale, and that the terms were consistent with similar transactions involving the sale of land by the Council.

In light of the above findings, the Tribunal approved the Moorabool Shire Council Agreement No. 8 2017. The respondent's objections were dismissed, and the sale of the land was authorised under the terms set out in the agreement. The Tribunal's decision was based on the Council's compliance with the planning scheme and the fairness of the proposed terms, which were found to be in line with market values and similar transactions.

Moorabool Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established