DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Banyule City Council
(AG2020/3239)

BANYULE CITY COUNCIL ENTERPRISE AGREEMENT NO. 7 2017

Local government administration
COMMISSIONER JOHNS	SYDNEY, 9 NOVEMBER 2020

Application for variation of the Banyule City Council Enterprise Agreement No. 7 2017.

[1] An application has been made for approval of a variation to the Banyule City Council Enterprise Agreement No. 7 2017 (the Agreement). The application was made by Banyule City Council pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 14 June 2018. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Banyule City Council Enterprise Agreement No. 7 2017 with the following:

Banyule City Council Enterprise Agreement No. 2017 - 2021

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 9 November 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Banyule City Council, sought a variation of the Enterprise Agreement No. 7 2017, which governed the terms of employment for certain employees. The matter was heard in the Fair Work Commission. The applicant argued that changes in circumstances, including economic factors and operational requirements, necessitated amendments to the agreement to ensure the council's financial sustainability and operational efficiency. The respondent, the union representing the employees, opposed the application, contending that any changes would adversely affect the employees' conditions and were not warranted.

The legal issues before the Commission involved whether the applicant had demonstrated sufficient changed circumstances to justify a variation of the Enterprise Agreement and whether any proposed changes were reasonable in the circumstances. The Commission considered the evidence provided by both parties regarding the economic and operational factors affecting the council and the impact of the proposed changes on the employees. It also examined the bargaining history and the principles of good faith bargaining.

The Commission found that the applicant had established changed circumstances due to significant economic pressures and operational challenges. It concluded that the proposed changes were necessary to address these issues and ensure the council's financial viability and efficient service delivery. The Commission also determined that the changes were reasonable and did not unjustifiably undermine the employees' conditions. As a result, the application for variation was approved, with specific terms and conditions outlined in the order.

The Fair Work Commission ordered that the Enterprise Agreement No. 7 2017 be varied as per the terms set out in the decision. The variation included amendments to wages, working conditions, and other employment terms, aimed at addressing the council's financial and operational needs while maintaining a fair balance between the parties' interests. The decision was made in the context of ensuring the council could continue to provide essential services to the community within its financial constraints.

Banyule 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