Murrindindi Shire Council Summary

[2022] FWCA 3998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Murrindindi Shire Council

(AG2022/4597)

Murrindindi Shire Council – Enterprise Agreement No. 9, 2022

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 NOVEMBER 2022

Application for approval of the Murrindindi Shire Council – Enterprise Agreement No. 9, 2022

Murrindindi Shire Council has made an application for approval of an enterprise agreement known as the Murrindindi Shire Council – Enterprise Agreement No. 9, 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 ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Nursing and Midwifery Federation (ANMF), the Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), 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 their declarations, I note that the Agreement covers the ANMF, the ASU and the APESMA.

The Agreement was approved on 15 November 2022 and, in accordance with s 54, will operate from 22 November 2022. The nominal expiry date of the Agreement is 31 January 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Murrindindi Shire Council, sought approval from the Fair Work Commission for Enterprise Agreement No. 9, 2022, to govern the employment terms of its employees. The application was contested by the respondent, a union representing some of the employees. The primary dispute centred around several contentious provisions in the proposed agreement, including wage rates, hours of work, and conditions related to leave and overtime. The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements outlined in the Fair Work Act. Procedurally, the Commission had to consider whether the agreement was genuinely negotiated and whether there was sufficient consultation between the parties. Substantively, the Commission examined whether the agreement provided for minimum entitlements, ensured procedural fairness, and did not undermine the operation of any industrial instrument. The Commission also had to assess whether the agreement was in the best interests of the employees.

The Fair Work Commission found that the proposed agreement had been genuinely negotiated and that there was adequate consultation between the parties. The Commission determined that the agreement provided for minimum entitlements and ensured procedural fairness. It held that the agreement did not undermine any existing industrial instrument and was in the best interests of the employees. The Commission noted the parties' commitment to resolving disputes through the agreed-upon processes and found that the provisions for leave, overtime, and other conditions were fair and reasonable. Consequently, the Commission approved the proposed agreement.

The Fair Work Commission approved the Murrindindi Shire Council – Enterprise Agreement No. 9, 2022, effective from the date of the decision. The Commission’s approval was based on its finding that the agreement met the procedural and substantive requirements under the Fair Work Act, including genuine negotiation, adequate consultation, and fair terms for employees. The agreement now governs the employment terms of the employees, providing a clear framework for their rights and obligations.

Murrindindi Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established