DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moyne Shire Council
(AG2019/4547)

MOYNE SHIRE COUNCIL ENTERPRISE AGREEMENT NO.9 2019

Local government administration
DEPUTY PRESIDENT MANSINI	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Moyne Shire Council Enterprise Agreement No.9 2019.

[1] Moyne Shire Council has applied for approval of a single enterprise agreement known as the Moyne Shire Council Enterprise Agreement No.9 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Noting clause 1.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation (Victorian Branch), the Australian Municipal, Administrative, Clerical and Services Union Vic/Tas Authorities & Services Branch and the Association of Professional Engineers, Scientists and Managers Australia being, bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 13 December 2019 and, in accordance with s.54, will operate from 20 December 2019. The nominal expiry date of the Agreement is 13 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Moyne Shire Council sought approval for Enterprise Agreement No.9 2019. This application arose due to the need for a new agreement governing the terms and conditions of employment for council workers, following the expiry of the previous agreement. The council aimed to establish a new framework that would address both the operational needs of the municipality and the rights and obligations of its employees.

The central legal issue before the commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement provided fair and reasonable terms for employees, was free from prohibited content, and complied with relevant minimum standards. The discussion encompassed various aspects, including pay rates, classification of roles, working conditions, and dispute resolution mechanisms.

The commission conducted a thorough review of the proposed agreement, assessing it against the legislative criteria. It found that the agreement did indeed provide for fair and reasonable terms of employment, taking into account the economic context and the council's capacity to pay. The commission confirmed that the agreement was free from prohibited content and complied with all relevant minimum standards. Consequently, the commission approved the enterprise agreement, recognising it as a bona fide agreement under the Fair Work Act.

The final order was that the Moyne Shire Council Enterprise Agreement No.9 2019 be approved as a registered agreement, effective from the date of the decision. This approval ensures that the new agreement will govern the employment terms of the council's workers moving forward, providing a stable and legally compliant framework for both parties.

Moyne Shire Council

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established