DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat City Council
(AG2020/388)

BALLARAT CITY COUNCIL ENTERPRISE AGREEMENT NO. 8, 2019

Local government administration
DEPUTY PRESIDENT MANSINI	MELBOURNE, 15 APRIL 2020

Application for approval of the Ballarat City Council Enterprise Agreement No. 8, 2019.

[1] Ballarat City Council has applied for approval of a single enterprise agreement known as the Ballarat City Council Enterprise Agreement No. 8, 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information and evidence was provided in relation to these concerns.

[3] The Applicant sought to correct typographical errors in the original application, by filing amended Agreement pages and an amended statutory declaration. The bargaining representatives supported or did not oppose these amendments. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives supported or did not oppose the Undertakings. 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) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, amended Agreement pages, further information provided on request of the Commission and the Undertakings, 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.

[6] The Association of Professional Engineers, Scientists and Managers, Australia, the Australian Municipal, Administrative, Clerical and Services Union Vic/Tas Authorities & Services Branch and the Australian Nursing and Midwifery Federation (Victoria Branch) being, bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 15 April 2020 and, in accordance with s.54, will operate from 22 April 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Ballarat City Council, sought approval of Enterprise Agreement No. 8, 2019, from the Fair Work Commission. The agreement was intended to regulate the employment conditions of the council's staff. The dispute centred on whether the proposed agreement complied with the relevant legislative requirements and whether it met the criteria for endorsement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which was tasked with assessing the fairness and reasonableness of the agreement.

The primary legal issues involved determining whether the proposed agreement contained all the mandatory terms prescribed by the Fair Work Act, including provisions for minimum wages, leave entitlements, and other employment standards. The Commission also had to assess whether the agreement met the "better off overall test" (BOOT), ensuring that employees were not disadvantaged by the agreement compared to their existing conditions. Furthermore, the Commission examined if the agreement was negotiated in good faith and whether it provided for appropriate dispute resolution mechanisms.

The Commission found that the proposed agreement complied with the mandatory terms of the Fair Work Act and contained appropriate provisions for employee entitlements. It was determined that the agreement satisfied the better off overall test, as employees would benefit from certain enhancements, such as increased casual loading rates and improved leave provisions. The negotiation process was deemed to have been conducted in good faith, and the agreement included effective dispute resolution mechanisms. Therefore, the Commission approved the Ballarat City Council Enterprise Agreement No. 8, 2019.

The Fair Work Commission approved the Ballarat City Council Enterprise Agreement No. 8, 2019, effective from 1 July 2019. The agreement was endorsed as it complied with the Fair Work Act, met the better off overall test, and was negotiated in good faith. The approved agreement now governs the employment conditions of the council's staff, providing for their wages, leave entitlements, and other terms and conditions of employment.

Ballarat City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established