DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moreland City Council
(AG2018/5580)

MORELAND CITY COUNCIL ENTERPRISE AGREEMENT 2018 (EA 2018)

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 4 MARCH 2019

Application for approval of the Moreland City Council Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Moreland City Council Enterprise Agreement 2018 (EA 2018) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moreland City 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Moreland City Council sought approval of the Moreland City Council Agreement 2018, an enterprise agreement governing the terms and conditions of employment for its employees. The application was lodged with the Fair Work Commission (FWC), which was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The decision was made by Deputy President J.R.E. Azzopardi.

The primary legal issues before the FWC were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the FWG needed to consider whether the agreement was made in accordance with the legislative requirements, including whether there was genuine bargaining between the parties. Substantively, the FWC had to assess whether the agreement contained terms that were contrary to the Fair Work Act or that undermined the safety net of minimum entitlements.

In its decision, the FWC found that the agreement was made in compliance with the procedural requirements of the Fair Work Act, as there was evidence of genuine bargaining between the parties. The FWC also determined that the agreement did not contain any terms that were contrary to the Act or that undermined the safety net of minimum entitlements. Consequently, the FWC approved the Moreland City Council Agreement 2018, finding that it met the necessary legal criteria for approval. The FWC's decision was based on a thorough analysis of the evidence presented and the applicable legal principles.

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