DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wyndham City Council
(AG2015/7853)

WYNDHAM CITY COUNCIL ENTERPRISE AGREEMENT NO 7, 2015.

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 29 JANUARY 2016

Application for approval of the Wyndham City Council Enterprise Agreement No 7, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wyndham City Council Enterprise Agreement No 7, 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wyndham City Council. The agreement is a single-enterprise agreement.

[2] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union and 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 it. In accordance with s.201(2), I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 5 February 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant was Wyndham City Council, and the respondent was the Municipal and Shire Officers Union of Australia. The application was for the approval of the Wyndham City Council Enterprise Agreement No 7, 2015. This agreement was submitted for approval under section 233 of the Fair Work Act 2009. The primary legal issues the Commission had to address were whether the agreement met the criteria for registration under the Act, including whether it provided for a fair and efficient workplace, and if it adhered to the provisions of the Safety, Rehabilitation and Compensation Act 1988.

The Commission determined that the agreement met the criteria for registration. It noted that the agreement included provisions for fair and efficient workplace practices, and it provided for the payment of wages and other entitlements in line with the Act. Furthermore, the agreement was found to be consistent with the Safety, Rehabilitation and Compensation Act 1988. The Commission also took into account the views of both parties and their respective submissions. Ultimately, the Commission was satisfied that the agreement was in the best interests of the employees and the employer, and it approved the agreement under section 233 of the Fair Work Act 2009.

As a result of the decision, the Wyndham City Council Enterprise Agreement No 7, 2015 was approved and registered. The approval took effect from the date of the decision, and the agreement became binding on the parties involved. The final orders of the Commission included the approval of the agreement and the registration of the agreement under the Fair Work Act 2009.

Wyndham City Council

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established