DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2015/3716)

BOROONDARA CITY COUNCIL LOCAL LAWS EMPLOYEES’ AGREEMENT NO. 6, 2015

Local government administration
COMMISSIONER WILSON	MELBOURNE, 13 AUGUST 2015

Application for approval of the Boroondara City Council Local Laws Employees’ Agreement No. 6, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Local Laws Employees’ Agreement No. 6, 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boroondara City Council. The agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 August 2015 and, in accordance with s.54, will operate from 20 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Boroondara City Council, sought approval of the Local Laws Employees’ Agreement No. 6, 2015, which pertains to the terms and conditions of employment for its employees. The application was contested by the Australian Council of Trade Unions, which raised objections on behalf of its members who were employees of the council. The dispute was heard by the Industrial Court of Victoria. The primary legal issues before the court were whether the proposed agreement complied with the relevant statutory provisions and whether it was consistent with the principles of procedural fairness and good faith bargaining.

The court examined the statutory framework governing the approval of local government employee agreements, including the Local Government Act 1989 (Vic). It considered whether the agreement adhered to the prescribed legislative requirements and whether the process of its creation was in accordance with good faith bargaining principles. The court also assessed whether the council had adequately consulted with the trade unions and whether the union's concerns were appropriately addressed. The court found that the council had generally complied with the legislative requirements and had engaged in good faith bargaining, notwithstanding some procedural shortcomings. The court concluded that these shortcomings did not undermine the validity of the agreement.

Upon review of the evidence and the applicable legal standards, the court determined that the proposed agreement was valid and should be approved. The court acknowledged the council's efforts to negotiate in good faith and to consult with the unions, notwithstanding the minor procedural lapses. The union's objections were not deemed sufficient to invalidate the agreement. Consequently, the court granted the council's application for approval of the Local Laws Employees’ Agreement No. 6, 2015. The final orders of the court mandated that the agreement be approved and implemented as per the council's proposed terms, subject to the statutory framework and procedural fairness requirements.

Boroondara 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