DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mornington Peninsula Shire Council
(AG2017/4303)

MORNINGTON PENINSULA SHIRE COUNCIL AGED AND DISABILITY SERVICES ENTERPRISE AGREEMENT 2017

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Mornington Peninsula Shire Council Aged and Disability Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mornington Peninsula Shire Council Aged and Disability Services 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.

[2] 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.

[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. 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.

[4] 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.

[5] The Agreement was approved on 22 December 2017 and, in accordance with s.54, will operate from 29 December 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mornington Peninsula Shire Council, applied to the Fair Work Commission for approval of the Mornington Peninsula Shire Council Aged and Disability Services Enterprise Agreement 2017. The application followed a request from the employer to have the agreement registered. The nature of the dispute was whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered. The Fair Work Commission was the court tasked with deciding the matter.

The primary legal issues the Commission had to resolve were whether the agreement met the "better off overall test" and whether it contained the mandated minimum terms and conditions as required by the Fair Work Act 2009. The "better off overall test" requires that employees under the agreement are no worse off financially and have at least one improved condition compared to their previous terms. Additionally, the Commission had to ensure that the agreement did not contain any terms that were less favourable than the applicable national workplace determinations or awards.

The Fair Work Commission examined the proposed agreement against the statutory requirements and found that it satisfied the "better off overall test" as employees would gain at least one improved condition without losing any financial benefits. The Commission also confirmed that the agreement included all mandated minimum terms and conditions and did not contain any less favourable terms than the applicable national workplace determinations or awards. Consequently, the Commission approved the application and registered the Mornington Peninsula Shire Council Aged and Disability Services Enterprise Agreement 2017.

The Fair Work Commission's decision was that the Mornington Peninsula Shire Council Aged and Disability Services Enterprise Agreement 2017 met the necessary statutory requirements and was thus approved and registered. The Commission's approval was based on the agreement satisfying the "better off overall test" and including all mandated minimum terms and conditions without containing any less favourable terms than the applicable national workplace determinations or awards. The decision ensured that the agreement was in compliance with the Fair Work Act 2009 and would provide a fair and equitable outcome for both the employer and employees.

Mornington Peninsula 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