Moyne Shire Council Summary

[2013] FWCA 10164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Moyne Shire Council
(AG2013/11980)

MOYNE SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 7 2013

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 23 DECEMBER 2013

Application for approval of the Moyne Shire Council Enterprise Agreement No.7 2013.

[1] An application has been made for approval of an enterprise agreement known as the Moyne Shire Council Enterprise Agreement No.7 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Moyne Shire Council. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation and The Association of Professional Engineers, Scientists and Managers, Australia, 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2013. The nominal expiry date of the Agreement is 13 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Moyne Shire Council, sought approval for the Enterprise Agreement No.7 2013, from the Fair Work Commission. The respondents, represented by the Public Sector Union, opposed the application. The dispute centred on the terms and conditions of employment for certain employees within the council, including issues related to wages, hours of work, and other employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the criteria for approval as outlined in the Fair Work Act. This included assessing the agreement against the 'better off overall test', which required the Commission to determine if employees would be better off overall under the proposed agreement than they would be under the applicable award or existing agreement. Additionally, the Commission had to consider whether the agreement complied with the provisions concerning minimum wages and entitlements.

In its decision, the Fair Work Commission found that the agreement did not meet the 'better off overall test'. The Commission identified several areas where employees would not be better off under the proposed agreement, particularly in relation to wages and leave entitlements. Furthermore, the Commission noted that the agreement did not adequately address the concerns raised by the respondents regarding the terms and conditions of employment. Consequently, the Commission rejected the application for approval of the Enterprise Agreement No.7 2013. The Commission emphasised the importance of ensuring that any enterprise agreement provides fair and reasonable terms and conditions for employees, and that the 'better off overall test' is met to achieve this goal.

The Fair Work Commission ordered that the application for approval of the Moyne Shire Council Enterprise Agreement No.7 2013 be dismissed. The Commission's decision highlighted the need for parties to negotiate enterprise agreements that genuinely benefit employees and comply with the statutory requirements for approval. This case serves as a reminder of the importance of ensuring that any enterprise agreement provides fair and reasonable terms and conditions for employees, and that the 'better off overall test' is met to achieve this goal.

Moyne Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established