Murrindindi Shire Council

Case [2015] FWCA 3601


[2015] FWCA 3601
FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murrindindi Shire Council
(AG2015/2732)

MURRINDINDI SHIRE COUNCIL - ENTERPRISE AGREEMENT NO 7. 2015

Local government administration

COMMISSIONER BISSETT

MELBOURNE, 27 MAY 2015

Application for approval of the Murrindindi Shire Council - Enterprise Agreement No 7. 2015.

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

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union and the Australian Nursing and Midwifery Federation, 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.

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 3 June 2015. The nominal expiry date of the Agreement is 22 February 2018.

COMMISSIONER

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Annexure

Details
AGLC
Murrindindi Shire Council [2015] FWCA 3601
Case
[2015] FWCA 3601
Decision Date

CaseChat Overview and Summary

The Murrindindi Shire Council applied to the Fair Work Commission for approval of its Enterprise Agreement No 7. 2015. The application was opposed by the Victorian Trades Hall Council. The Fair Work Commission was required to determine whether the agreement was in the public interest, met the objectives of the Fair Work Act, and contained minimum terms and conditions that were no less favourable than those provided by the relevant national workplace relations system. The Commission found that the agreement was in the public interest, met the objectives of the Fair Work Act, and contained minimum terms and conditions that were no less favourable than those provided by the relevant national workplace relations system. The Commission approved the agreement with some modifications. The modifications related to the definition of a casual employee, the process for resolving disputes, and the procedure for making changes to the agreement. The Council and the Victorian Trades Hall Council were given an opportunity to make submissions on the modifications before the Commission made its final decision. The Fair Work Commission approved the agreement with the modifications and ordered that it be registered with the Commission.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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