DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murrindindi Shire Council
(AG2018/1216)

MURRINDINDI SHIRE COUNCIL - ENTERPRISE AGREEMENT NO. 8, 2018

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 2 AUGUST 2018

Application for approval of the Murrindindi Shire Council - Enterprise Agreement No. 8, 2018.

[1] An application has been made for approval of an enterprise agreement known as the Murrindindi Shire Council - Enterprise Agreement No. 8, 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murrindindi Shire Council. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union and Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2018. The nominal expiry date of the Agreement is 22 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Murrindindi Shire Council and its employees represented by the Public Sector Union. The Council sought approval for a proposed Enterprise Agreement, specifically Enterprise Agreement No. 8, 2018. The dispute centred on whether the terms of the agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was the court that heard the matter.

The central legal issues before the Commission were whether the proposed agreement was a genuine enterprise agreement, whether it complied with the mandatory provisions of the Fair Work Act, and whether it met the standards for being a "better off overall" agreement for the employees. Additionally, the Commission had to consider whether the agreement contained any terms that were unfair or inequitable.

The Commission found that the proposed agreement was a genuine enterprise agreement as it was negotiated in good faith and represented the terms of employment between the Council and its employees. It was also determined that the agreement complied with the mandatory provisions of the Fair Work Act, including provisions relating to minimum wages, leave entitlements, and classification of employees. The Commission also found that the agreement was a "better off overall" agreement, as it provided a fair and reasonable package of terms and conditions for the employees. The Commission concluded that the proposed agreement did not contain any unfair or inequitable terms.

The Fair Work Commission approved the Murrindindi Shire Council - Enterprise Agreement No. 8, 2018, subject to the terms and conditions set out in the decision. The agreement now provides the terms of employment for the employees of the Council, and both parties are bound by its provisions.

Murrindindi 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