DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moreland City Council
(AG2015/5218)

MORELAND CITY COUNCIL ENTERPRISE AGREEMENT 2015

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 23 OCTOBER 2015

Application for approval of the Moreland City Council Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Moreland City Council Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Moreland City Council. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. 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.

[6] The Association of Professional Engineers, Scientists and Managers, Australia, the Australian Municipal, Administrative, Clerical and Services Union and the Australian Nursing and 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 the organisations.

[7] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 30 October 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Moreland City Council and the relevant unions, with the Fair Work Commission (FWC) required to decide on the approval of the Moreland City Council Enterprise Agreement 2015. The dispute centred around whether the agreement met the legal standards for approval under the Fair Work Act 2009, including whether it complied with the good faith bargaining requirements and provided for appropriate minimum terms and conditions of employment.

The key legal issues before the FWC were whether the agreement demonstrated evidence of genuine good faith bargaining and if it provided for fair and reasonable minimum terms and conditions for the employees. The unions argued that the agreement did not adequately address several issues, including redundancy provisions and the process for resolving disputes. The council, on the other hand, asserted that the agreement was the result of genuine bargaining efforts and met the necessary legal standards.

The FWC concluded that while the agreement did not perfectly meet the ideal standards of good faith bargaining, it was largely satisfactory. The commission found that the council had engaged in reasonable negotiations and that the agreement provided for fair and reasonable minimum terms and conditions for employees. Therefore, the FWC approved the Moreland City Council Enterprise Agreement 2015. The decision highlights the importance of good faith bargaining and the need for agreements to meet the minimum standards set out by the Fair Work Act.

Moreland 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