Maribyrnong City Council v Australian Municipal, Administrative, Clerical and Services Union [2019] FCA 773

Maribyrnong City Council v Australian Municipal, Administrative, Clerical and Services Union [2019] FCA 773

Clause 17.7 of Part B of the Agreement cannot sensibly work together with Part A. Part A, negotiated between the parties, comprehensively addresses redundancy and redeployment as to coverage, entitlements, and exclusions. The transmission of business clause in Part B is expressed as only excepting the operation of clause 17 of Part B itself and not the broader redundancy provisions in Part A. Therefore, there is an inconsistency within the meaning of the agreement: Part A prevails and covers the field, rendering the transmission exception inapplicable to Part A and entitling affected employees to the more beneficial severance entitlements negotiated therein.

Parties
Applicant: Maribyrnong City Council; First Respondent: Australian Municipal, Administrative, Clerical and Services Union; Second Respondent: Australian Nursing and Midwifery Federation; Third Respondent: Association of Professional Engineers Scientists and Managers Australia
Jurisdiction
Australia
Judgment Date
28 May 2019
Procedural Posture
Application for Declaratory Relief Regarding Enterprise Agreement Interpretation / Final Judgment, Application Dismissed
Outcome
Application dismissed
Legal Topics
Enterprise Agreements, Redundancy Provisions, Interpretation of Industrial Instruments, Transmission of Business, Inconsistency Clauses
Industrial Law Employment Law Enterprise Agreements Redundancy Provisions Interpretation of Industrial Instruments Transmission of Business Inconsistency Clauses

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Parties

Maribyrnong City Council

Applicant

Australian Municipal, Administrative, Clerical and Services Union

First Respondent

Australian Nursing and Midwifery Federation

Second Respondent

Association of Professional Engineers Scientists and Managers Australia

Third Respondent

Procedural Posture

Application for Declaratory Relief Regarding Enterprise Agreement Interpretation / Final Judgment, Application Dismissed

Legal Issues

  1. 1 Proper construction and operation of redundancy provisions in enterprise agreements
  2. 2 Whether transmission of business clause in Part B is inconsistent with Part A
  3. 3 Whether Part A covers the field regarding redundancy to the exclusion of Part B

Ratio Decidendi

Clause 17.7 of Part B of the Agreement cannot sensibly work together with Part A. Part A, negotiated between the parties, comprehensively addresses redundancy and redeployment as to coverage, entitlements, and exclusions. The transmission of business clause in Part B is expressed as only excepting the operation of clause 17 of Part B itself and not the broader redundancy provisions in Part A. Therefore, there is an inconsistency within the meaning of the agreement: Part A prevails and covers the field, rendering the transmission exception inapplicable to Part A and entitling affected employees to the more beneficial severance entitlements negotiated therein.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.