DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat City Council T/A City of Ballarat
(AG2017/75)

BALLARAT CITY COUNCIL ENTERPRISE AGREEMENT NO 7, 2016

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 24 MARCH 2017

Application for approval of the Ballarat City Council Enterprise Agreement No 7, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ballarat City Council Enterprise Agreement No 7, 2016 (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 T/A City of Ballarat. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Nursing and Midwifery Federation, The Association of Professional Engineers, Scientists and Managers, Australia and Australian Municipal, Administrative, Clerical and Services Union 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 31 March 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Ballarat City Council, trading as the City of Ballarat, sought approval for Enterprise Agreement No 7, 2016 from the Fair Work Commission. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and related regulations. The Commission was tasked with determining if the agreement met the necessary legal standards and if it provided fair and reasonable terms for the employees.

The legal issues before the Commission were primarily whether the agreement included all mandated minimum entitlements and if it adhered to the procedural requirements for approval. The Commission had to assess the comprehensiveness of the agreement, ensuring it encompassed all required minimum terms and conditions, and evaluate the process through which the agreement was formed, ensuring it was fair and reasonable.

In reaching its decision, the Commission carefully reviewed the agreement against the statutory requirements and the evidence presented regarding the negotiation process. The Commission found that the agreement was comprehensive and included all necessary minimum terms. It also concluded that the agreement was formed in a fair and reasonable manner, as evidenced by the processes outlined in the application. Consequently, the Commission approved the agreement, finding it met the necessary legal standards.

The Fair Work Commission approved the Ballarat City Council Enterprise Agreement No 7, 2016, subject to the terms and conditions set out in the agreement. This decision confirmed the agreement's compliance with the Fair Work Act 2009 and related regulations, ensuring it provided fair and reasonable terms for the employees involved.

Ballarat City Council T/A City of Ballarat

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established