DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount Alexander Shire Council
(AG2017/2537)

MOUNT ALEXANDER SHIRE COUNCIL ENTERPRISE AGREEMENT NO.7 2016 - 2020

Local government administration
COMMISSIONER WILSON	MELBOURNE, 5 SEPTEMBER 2017

Application for approval of the Mount Alexander Shire Council Enterprise Agreement No.7 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mount Alexander Shire Council Enterprise Agreement No.7 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mount Alexander 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union and Australian Nursing and Midwifery Union 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 organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2017. The nominal expiry date of the Agreement is 22 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this matter, the Mount Alexander Shire Council applied for approval of its Enterprise Agreement No.7 2016. The case was heard in the Fair Work Commission, which is responsible for regulating enterprise agreements under the Fair Work Act 2009. The applicant sought to have the agreement, which was proposed to govern the employment terms and conditions of its workers, formally approved and registered.

The primary legal issues before the Commission involved whether the agreement met the statutory requirements for approval and registration under the Fair Work Act. This included considerations of whether the agreement was made in good faith, whether it provided for the proper negotiation of terms and conditions of employment, and whether it complied with the provisions of the Act, including minimum entitlements and procedural fairness.

The Commission found that the agreement was made in good faith and that the negotiation process was proper. The agreement was held to be consistent with the requirements of the Act, including the provision of minimum entitlements. The Commission was satisfied that the agreement complied with all necessary statutory provisions and was therefore approved and registered. This decision was based on the evidence presented and the legal framework governing enterprise agreements under the Fair Work Act.

The Commission approved and registered the Mount Alexander Shire Council Enterprise Agreement No.7 2016, effective from the date of the decision. The agreement is now legally binding on the parties and enforceable under the Fair Work Act. This decision confirms the validity of the agreement and provides clarity for the council and its employees regarding their employment terms and conditions.

Mount Alexander 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