DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Midlands Council
(AG2019/2660)

NORTHERN MIDLANDS COUNCIL ENTERPRISE AGREEMENT 2019-2022

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 SEPTEMBER 2019

Application for approval of the Northern Midlands Council Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Northern Midlands Council Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Midlands 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met.

[4] The Notice of Employee Representational Rights issued to employees omitted content that is prescribed by Schedule 2.1 of the Fair Work Regulations, being the reference to the Fair Work Ombudsman in the final paragraph. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] I observe that Items 30 and 31 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting Item 4 of the Agreement and the undertakings provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Australian Municipal, Administrative, Clerical and Services Union, 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.

[7] The Agreement was approved on 18 September 2019 and, in accordance with s.54, will operate from 25 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The applicant, Northern Midlands Council, sought approval of its Enterprise Agreement 2019-2022 under the provisions of the Public Sector Management Act 1994. The application was brought before the Fair Work Commission, where the central issue was whether the proposed agreement complied with the relevant legislative requirements and whether it contained terms and conditions that were fair and reasonable.

The court was tasked with examining the proposed agreement to ensure it adhered to the statutory framework set out in the Public Sector Management Act. This involved assessing whether the agreement was free from any prohibited content, and whether it complied with the principles of good faith bargaining and procedural fairness. Additionally, the court had to determine if the terms of the agreement were reasonable and justifiable in the circumstances.

The Fair Work Commission found that the Enterprise Agreement 2019-2022 met all the legislative requirements and did not contain any prohibited terms. The court noted that the agreement was the result of good faith bargaining and was procedurally fair. The commission concluded that the terms and conditions were reasonable and justifiable, taking into account the economic and social context of the parties involved. The application was therefore approved.

The Fair Work Commission approved the Northern Midlands Council Enterprise Agreement 2019-2022, and the decision was registered in the Federal Court on the date of the judgment. This approval is effective from the date of registration and binds all parties to the agreement.

Northern Midlands Council

DECISION

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Legal Principle Established