DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bayside City Council
(AG2018/1428)

BAYSIDE CITY COUNCIL ENTERPRISE AGREEMENT NO. 8, 2018

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 AUGUST 2018

Application for approval of the Bayside City Council Enterprise Agreement No. 8, 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bayside City Council Enterprise Agreement No. 8, 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bayside City Council. The Agreement is a single enterprise agreement.

[2] The Employer 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 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2018. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Bayside City Council, the applicant sought approval for Enterprise Agreement No. 8, 2018, which outlines the terms and conditions of employment for its employees. The application was contested by several concerned parties, including local unions and individual employees, who argued that the proposed agreement did not sufficiently protect employee rights and conditions. The dispute was brought before the Fair Work Commission to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement provided a safety net of minimum entitlements for employees, whether it allowed for proper representation and consultation, and whether it adhered to the procedural requirements for enterprise agreements under the Act. The Commission had to assess the provisions of the agreement against the statutory framework to determine if it met the necessary standards for approval.

After thorough consideration, the Fair Work Commission found that the proposed agreement did provide a safety net of minimum entitlements and allowed for proper representation and consultation. The Commission also determined that the agreement followed the necessary procedural requirements under the Act. Consequently, the application for approval of the Bayside City Council Enterprise Agreement No. 8, 2018 was granted. The decision highlighted the importance of ensuring that enterprise agreements align with statutory obligations to protect both employers and employees.

The final orders of the Commission included the approval of the agreement, effective from a specified date, subject to the conditions outlined in the decision. This outcome provided clarity and certainty for the Bayside City Council and its employees, allowing them to operate under the terms of the newly approved enterprise agreement.

Bayside 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