DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Banyule City Council
(AG2018/2061)

BANYULE CITY COUNCIL ENTERPRISE AGREEMENT NO. 7 2017

Local government administration
COMMISSIONER JOHNS	SYDNEY, 14 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Banyule City Council Enterprise Agreement No. 7 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Banyule City Council. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation, the Australian Municipal, Administrative, Clerical and Services Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Banyule City Council sought approval of Enterprise Agreement No. 7 2017, which aimed to regulate the terms and conditions of employment for certain employees. The application was made in the Fair Work Commission, where the legal dispute was heard and decided. The primary issue before the court was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the requirements for fair and reasonable terms and conditions of employment.

The court examined several aspects of the agreement, including wage rates, working hours, leave entitlements, and other employment conditions. The primary concern was whether the proposed terms and conditions were fair and reasonable, taking into account various factors such as the nature of the work, the industry standards, and the overall economic environment. The court also considered the parties' bargaining positions and the extent to which the agreement facilitated genuine bargaining between the employer and the employees.

After careful consideration of the evidence and submissions, the court found that the proposed agreement was fair and reasonable in all respects. The court was satisfied that the terms and conditions of employment were in line with industry standards and provided adequate protection for the employees. The agreement was also considered to be the product of genuine bargaining, as it reflected the parties' respective positions and interests. As a result, the court approved the Banyule City Council Enterprise Agreement No. 7 2017. The decision was made in favour of the Council, allowing the proposed agreement to take effect and govern the terms and conditions of employment for the relevant employees.

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