DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Moyne T/A Moyne Shire Council
(AG2017/934)

MOYNE SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 8 2016

Local government administration
COMMISSIONER LEE	MELBOURNE, 21 APRIL 2017

Application for approval of the Moyne Shire Council Enterprise Agreement No.8 2016.

[1] An application has been made for approval of an enterprise agreement known as the Moyne Shire Council Enterprise Agreement No. 8 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Shire of Moyne T/A Moyne Shire Council. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation, 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2017. The nominal expiry date of the Agreement is 13 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, the Shire of Moyne trading as Moyne Shire Council, applied to the Fair Work Commission for approval of their Enterprise Agreement No.8 2016. The agreement sought to govern the employment conditions of the Council’s employees. The application was contested by the respondents, who were various employee representatives and unions. The primary dispute centred on the terms and conditions outlined within the agreement, particularly those concerning wages, working hours, and leave entitlements.

The legal issues before the Commission involved assessing whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009. This included ensuring the agreement was free from prohibited content, was made in good faith, and met the criteria for a "single interest" employer agreement. The Commission also needed to determine if the agreement provided fair and reasonable terms and conditions for the employees.

In its decision, the Commission carefully examined the contents of the Enterprise Agreement against the statutory framework. The Commission found that the agreement was largely consistent with the Fair Work Act and did not contain any prohibited content. The agreement was deemed to be made in good faith, and the Commission found that it met the criteria for a "single interest" employer agreement. Furthermore, the Commission concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the needs and interests of both the employer and employees. Accordingly, the Commission approved the Enterprise Agreement No.8 2016.

Shire of Moyne T/A Moyne 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