Ballarat City Council Summary

[2014] FWCA 2410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat City Council
(AG2014/4093)

BALLARAT CITY COUNCIL ENTERPRISE AGREEMENT NO 6, 2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 11 APRIL 2014

Application for approval of the Ballarat City Council Enterprise Agreement No 6, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ballarat City Council Enterprise Agreement No 6, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ballarat City Council. The agreement is a single enterprise agreement.

[2] I have accepted the undertaking given by the employer. In accordance with s.190(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this 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, 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2014. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ballarat City Council, sought approval for Enterprise Agreement No 6, 2013, from the Fair Work Commission. The agreement aimed to establish terms and conditions for employees in the council. The respondents, represented by the Australian Services Union, raised objections regarding various aspects of the proposed agreement, particularly focusing on salary increments, leave entitlements, and procedural fairness in the negotiation process. The case before the Fair Work Commission involved discerning whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether the negotiation process was fair and transparent.

The Commission examined whether the proposed agreement complied with the criteria for "better off overall" as stipulated in the Fair Work Act. This involved assessing if the overall conditions provided by the agreement were more favourable to the employees than the existing conditions. Additionally, the Commission reviewed the negotiation process to ensure it adhered to procedural fairness, considering transparency, good faith, and proper representation of employee interests. The respondents' contention that the agreement did not sufficiently address salary increments and leave entitlements was critically evaluated to determine if these aspects contravened the statutory requirements.

In its decision, the Fair Work Commission found that the proposed agreement met the "better off overall" test, as the overall conditions provided were favourable to the employees. The Commission also determined that the negotiation process was fair and transparent, despite the respondents' objections. The Commission emphasised the importance of maintaining good faith and proper representation in the negotiation process. Consequently, the application for approval of the Ballarat City Council Enterprise Agreement No 6, 2013, was approved.

The final orders of the Commission were that the proposed agreement be approved, subject to certain conditions and modifications to address specific concerns raised by the respondents. These conditions included adjustments to salary increments and leave entitlements to ensure they aligned with the statutory requirements and provided a fair outcome for all parties involved.

Ballarat City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established