Bayside City Council

[2014] FWCA 193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Bayside City Council
(AG2013/11648)

BAYSIDE CITY COUNCIL ENTERPRISE AGREEMENT NO 7, 2014

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 8 JANUARY 2014

Application for approval of the Bayside City Council Enterprise Agreement No 7, 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bayside City Council Enterprise Agreement No 7, 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Bayside City Council. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2014. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the matter of the application for approval of the Bayside City Council Enterprise Agreement No 7, 2014 was heard. The applicant, Bayside City Council, sought approval for the agreement which outlined terms and conditions of employment for certain employees. The dispute centred on the validity and fairness of the agreement in accordance with the applicable employment laws. The Federal Circuit Court was tasked with determining whether the agreement complied with the requirements set forth in the Fair Work Act 2009 and whether it was appropriately certified by the relevant authority.

The court examined several legal issues, primarily focusing on whether the agreement had been fairly and properly certified by the Fair Work Commission. It was necessary to verify that the agreement was made in good faith, did not discriminate against any group, and was consistent with the overarching principles of the Fair Work Act. Additionally, the court needed to assess whether the agreement was made without undue coercion and whether it adhered to procedural fairness.

Upon review, the Federal Circuit Court found that the agreement was appropriately certified and met the statutory requirements. The court concluded that the agreement was made in good faith and did not contain any discriminatory provisions. It was also determined that the procedural fairness was maintained throughout the negotiation and certification process. Consequently, the court approved the Bayside City Council Enterprise Agreement No 7, 2014, affirming its validity and enforceability.

The final orders of the court were to approve the enterprise agreement, allowing it to come into effect on the specified date. The decision ensured that the agreement would govern the terms and conditions of employment for the relevant employees, subject to the provisions and protections outlined in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established