ASU secures landmark Council MEB Authorisation

28 November 2024

The ASU has won an important decision in the Fair Work Commission that allows our members to access new laws regarding Multi- Employer Bargaining.

We have successfully secured a single interest employer authorisation to commence bargaining for a multi-employer agreement to cover workers at Central Goldfields Shire Council and Ararat Rural City Council.

The Fair Work Commission issued their landmark ruling on 27 November granting the Authorisation. This is the first such Authorisation in local government in Australia.

This case makes clear that Councils are eligible to utilise the new multi-employer bargaining laws, either by agreeing to participate, or if they don’t agree, by way of a majority of workers declaring (through a petition) that they want to bargain for a multi-employer agreement.

The ASU is reviewing the Commission’s decision and will be discussing the findings with delegate groups at Councils with enterprise agreements expiring in 2025. It will be a decision for delegates and members in each workplace as to whether to pursue a multi-employer agreement.

Employers’ response
This legal test case has employers worried because multi-employer bargaining provides workers with stronger bargaining power.

Employers have already started contacting the ASU seeking to start single enterprise bargaining before Christmas. This is a deliberate strategy to stop workers from accessing multi-employer bargaining, because the law says that if a Union has agreed to bargain for a single enterprise agreement with an employer, then that employer cannot be included in an Authorisation to bargain for a multi-employer agreement.

The ASU’s firm position is that it is too early to start bargaining for enterprise agreements that expire in June or July 2025. That’s 7 months away.

Delegates and members need an opportunity to consider the findings of this case and decide what will deliver workers the best outcome at each workplace.

You can read the Fair Work Commission's decision here.