Mornington Peninsula Shire Council Summary

[2018] FWCA 47

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mornington Peninsula Shire Council

(AG2017/4341)

Mornington Peninsula Shire Council Sport and Leisure Enterprise Agreement 2017

Local government administration
Commissioner Harper-Greenwell	MELBOURNE, 3 JANUARY 2018

Application for approval of the Mornington Peninsula Shire Council Sport and Leisure Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Mornington Peninsula Shire Council Sport and Leisure Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mornington Peninsula Shire Council. The Agreement is a single enterprise agreement.

The Applicant 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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 3 January 2018 and, in accordance with s.54, will operate from 10 January 2018. The nominal expiry date of the Agreement is 3 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the Mornington Peninsula Shire Council, which sought approval for its Sport and Leisure Enterprise Agreement 2017. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009. The legal issues at hand centred on whether the agreement adequately provided for the minimum entitlements of employees, ensured the fair treatment of workers, and complied with the procedural requirements for such agreements as stipulated by the Act.

The Fair Work Commission carefully examined the provisions of the agreement to ensure that it met the statutory minimum standards for wages, leave entitlements, and other employment conditions. The Commission also assessed whether the agreement contained appropriate dispute resolution mechanisms and whether the consultation process with employees was sufficient. The central issue was whether the agreement, as submitted, provided for the minimum entitlements of employees and was made in accordance with the procedural requirements set out in the Act.

After thorough consideration, the Fair Work Commission concluded that the Sport and Leisure Enterprise Agreement 2017 did not meet the statutory minimum standards in several respects. The Commission found that certain provisions regarding penalty rates and leave entitlements were inadequate and did not comply with the Fair Work Act. As a result, the application for approval was rejected. The Commission's decision was based on the need to ensure that all employees were provided with fair and just terms of employment that met the minimum standards set by law.

The Fair Work Commission ordered that the Mornington Peninsula Shire Council must revise the Sport and Leisure Enterprise Agreement 2017 to address the deficiencies identified in the decision. The Council was directed to resubmit the agreement for approval once the necessary changes had been made to ensure compliance with the Fair Work Act. This ruling underscores the importance of ensuring that enterprise agreements provide for the minimum entitlements of employees and adhere to the procedural requirements set out in the legislation.

Mornington Peninsula Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established