Moyne Shire Council Summary

[2023] FWCA 1672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moyne Shire Council

(AG2023/1596)

MOYNE SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 10 2022

Local government administration
COMMISSIONER MIRABELLA	MELBOURNE, 13 JUNE 2023

Application for approval of the Moyne Shire Council Enterprise Agreement No. 10 2022.

Moyne Shire Council (the Employer) has made an application for approval of an enterprise agreement known as the Moyne Shire Council Enterprise Agreement No. 10 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (the Regulations) is taken to be a term of the Agreement.

Pursuant to s.202(4), the model flexibility term prescribed by the Regulations is also taken to be a term of the Agreement.

The Australian Nursing and Midwifery Federation; the Australian Municipal, Administrative, Clerical and Services Union; 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) and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 13 June 2023 and, in accordance with s.54, will operate from 20 June 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, Moyne Shire Council was the applicant, seeking approval for their Enterprise Agreement No. 10 2022. The dispute centred around the terms of employment for the council's staff, which were to be outlined in the proposed agreement. The Fair Work Commission was tasked with evaluating whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the legislative framework governing enterprise agreements and whether it adequately covered all the necessary terms and conditions of employment. The Commission had to consider whether the agreement met the criteria for a "single, integrated, and coherent" document, as well as whether it provided for the fair and reasonable terms for the employees.

The Commission found that the proposed agreement was consistent with the statutory requirements and adequately addressed all necessary terms and conditions of employment. The Commission emphasised the importance of ensuring that the agreement was a single, integrated, and coherent document that met the needs of both the employer and the employees. The Commission also noted that the agreement provided for fair and reasonable terms for the employees, including provisions for pay rates, leave entitlements, and other employment conditions.

As a result of the Commission's findings, Moyne Shire Council's Enterprise Agreement No. 10 2022 was approved. The Commission's decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements and provide for fair and reasonable terms for employees. The Commission's approval of the agreement will provide certainty for both the employer and the employees, and will help to promote industrial harmony in the workplace.

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