Mount Alexander Shire Council

[2025] FWCA 2668

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Mount Alexander Shire Council

(AG2025/1143)

MOUNT ALEXANDER SHIRE COUNCIL ENTERPRISE AGREEMENT NUMBER 9 2024-2027

Local government administration
COMMISSIONER MIRABELLA	MELBOURNE, 11 AUGUST 2025

Application for approval of the Mount Alexander Shire Council Enterprise Agreement Number 9 2024-2027

An application has been made for the approval of an enterprise agreement known as the Mount Alexander Shire Council Enterprise Agreement Number 9 2024-2027. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Mount Alexander Shire Council (the Employer). The Agreement is a single enterprise agreement.

The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Appendix G of the Agreement. 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. The undertakings are taken to be a term of 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 Australian Nursing and Midwifery Federation (ANMF) and the Ausralian Municipal, Administrative, Clerical & Services Union (ASU), 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 ANMF and the ASU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2025. The nominal expiry date of the Agreement is 22 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mount Alexander Shire Council applied to the Fair Work Commission for approval of their Enterprise Agreement Number 9 2024-2027. The dispute arose as the applicant sought to finalise the terms and conditions of employment for its employees, governed under the Fair Work Act 2009. The Commission was tasked with determining whether the proposed agreement complied with the requirements set out in the Act.

The primary legal issue the Commission had to address was whether the proposed agreement met the criteria for approval under section 234 of the Fair Work Act. This involved examining if the agreement contained the essential elements as prescribed by the Act, including the terms and conditions of employment, and if it adhered to the procedural requirements for approval. Additionally, the Commission needed to ensure that the agreement did not have an adverse effect on the operational capacity of the council or its ability to provide services.

The Fair Work Commission found that the proposed agreement met all the statutory requirements. It contained the necessary provisions regarding wages, hours of work, leave, and other employment conditions. Furthermore, the Commission confirmed that the agreement was negotiated in good faith and that it did not impair the operational capacity of the council. Given these findings, the Commission approved the application, finding that the agreement was fair and appropriate for the employees of the council.

The Commission issued an order approving the Enterprise Agreement Number 9 2024-2027 for the Mount Alexander Shire Council. This decision effectively formalised the terms and conditions of employment for the council's staff for the specified period, providing certainty and stability for both the employees and the council.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established