Banyule City Council

[2014] FWCA 6529

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Banyule City Council

(AG2014/8808)

BANYULE CITY COUNCIL ENTERPRISE AGREEMENT NO. 6, 2014

Local government administration

COMMISSIONER BISSETT

MELBOURNE, 17 SEPTEMBER 2014

Application for approval of the Banyule City Council Enterprise Agreement No. 6, 2014.

[1] An application has been made for approval of an enterprise agreement known as the

Banyule City Council Enterprise Agreement No. 6, 2014 (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] In accordance with s.190 of the Act I sought undertakings from the employer with

respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the

Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate

from 24 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

[2014] FWCA 6529

Annexure

[2014] FWCA 6529

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Banyule City Council for approval of an enterprise agreement, the Banyule City Council Enterprise Agreement No. 6, 2014. The application was made under section 185 of the Fair Work Act 2009, and the agreement in question is a single-enterprise agreement intended to cover the terms and conditions of employment for council employees. The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation, and the Association of Professional Engineers, Scientists and Managers, Australia, are the bargaining representatives for the agreement. They have notified their intention for the agreement to cover them, as required by section 183 of the Act. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval as outlined in sections 186, 187, and 188 of the Act.

The primary legal issues the Commission had to address were whether the application met the statutory requirements for approval under the Fair Work Act 2009 and whether the agreement complied with the relevant provisions of the Act. Specifically, the Commission needed to ascertain if the agreement met the procedural requirements, such as the provision of necessary undertakings, and if it adhered to the criteria for the content of the agreement as stipulated by the Act. The Commission also needed to ensure that the agreement was fairly negotiated and that it did not contravene any provisions of the Act that could render it invalid.

The Commission found that the application complied with the statutory requirements for approval. It accepted the undertakings provided by the Banyule City Council and determined that the agreement met all relevant provisions of the Fair Work Act 2009. The bargaining representatives had also notified their intention for the agreement to cover them, and the Commission noted this as required by section 201(2) of the Act. As a result, the Commission concluded that the agreement fulfilled the necessary criteria for approval and was in compliance with the Act. Consequently, the agreement was approved and would operate from 24 September 2014, with a nominal expiry date of 30 June 2017.

In conclusion, the Fair Work Commission approved the Banyule City Council Enterprise Agreement No. 6, 2014, and determined that it would take effect from 24 September 2014. The Commission found that the application met all statutory requirements for approval, and the agreement was in compliance with the Fair Work Act 2009. The agreement was fairly negotiated and covered the relevant organisations, as intended by the bargaining representatives. The nominal expiry date of the agreement is set for 30 June 2017, after which it may be subject to renewal or modification.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established