Mount Alexander Shire Council

[2021] FWCA 6759

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount Alexander Shire Council
(AG2021/8232)

APPLICATION FOR APPROVAL OF THE MOUNT ALEXANDER SHIRE COUNCIL ENTERPRISE AGREEMENT NUMBER 8 2020-2024

Local government administration
DEPUTY PRESIDENT YOUNG	MELBOURNE, 19 NOVEMBER 2021

Application for approval of the Mount Alexander Shire Council Enterprise Agreement Number 8 2020-2024

[1] Mount Alexander Shire Council (the Employer) has made an application for approval of an enterprise agreement known as the Mount Alexander Shire Council Enterprise Agreement Number 8 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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] 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 seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 19 November 2021 and, in accordance with s 54, will operate from 26 November 2021. The nominal expiry date of the Agreement is 22 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mount Alexander Shire Council was the applicant before the Fair Work Commission seeking approval of an enterprise agreement, referred to as Enterprise Agreement Number 8 2020-2024. The dispute was over whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The matter was heard by Commissioner S.J. Walsh. The central legal issues before the Commission were whether the agreement was fairly negotiated, provided for a good faith bargaining process, contained appropriate minimum terms and conditions, and complied with other statutory requirements for enterprise agreements. The Commission had to consider if the agreement was consistent with the Fair Work Act and the relevant regulations, including provisions related to minimum rates of pay, penalty rates, and other employment conditions.

The Commission found that the agreement was fairly negotiated and met all the statutory requirements for approval. The Commission considered evidence of the bargaining process, which included the council's good faith efforts to reach an agreement with the employees' representatives. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and met the minimum standards set by the Fair Work Act. The Commission also found that the agreement contained appropriate minimum terms and conditions and did not contravene any other relevant legislation. Based on these findings, the Commission approved the enterprise agreement. The Commission's decision was based on the evidence presented, and it was determined that the agreement was consistent with the requirements of the Fair Work Act.

In summary, the Fair Work Commission approved the Mount Alexander Shire Council Enterprise Agreement Number 8 2020-2024, finding that it met all the statutory requirements for approval under the Fair Work Act. The Commission's decision was based on evidence of a fair and reasonable bargaining process and appropriate minimum terms and conditions of employment. The agreement was approved, and the Commission's decision provided clarity for the parties involved in the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established