DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2015/3653)

BOROONDARA CITY COUNCIL PLANNING EMPLOYEES’ AGREEMENT NO. 7, 2015

Local government administration
COMMISSIONER WILSON	MELBOURNE, 13 AUGUST 2015

Application for approval of the Boroondara City Council Planning Employees’ Agreement No. 7, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Planning Employees’ Agreement No. 7, 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 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 matter before the Fair Work Commission involved the Boroondara City Council and its employees represented by the Municipal and Shire Officers Union of Australia. The dispute centred around the approval of the Boroondara City Council Planning Employees’ Agreement No. 7, 2015, which was intended to govern the terms and conditions of employment for certain council planning employees. The case was heard and determined by the Fair Work Commission.

The central legal issues in the case related to whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided a safety net for employees, was free from elements that were contrary to public policy, and whether it had been genuinely agreed upon by both parties. The Commission also had to consider the balance of interests between the council and its employees, ensuring that the agreement did not undermine the fundamental rights of employees or the objectives of the Act.

In reaching its decision, the Fair Work Commission examined the provisions of the proposed agreement, including the terms concerning wages, conditions of employment, and dispute resolution mechanisms. The Commission concluded that the agreement, while generally fair and reasonable, contained some provisions that did not meet the legislative requirements for approval. Specifically, certain clauses relating to disciplinary procedures and the use of contract labour were found to be contrary to public policy. After considering submissions from both parties and making necessary amendments, the Commission approved the agreement with modifications. The changes ensured that the agreement complied with the statutory requirements, providing a balanced outcome for both the council and its employees.

The final orders of the Fair Work Commission included the approval of the Boroondara City Council Planning Employees’ Agreement No. 7, 2015, subject to the modifications made by the Commission. The approved agreement was to come into effect on a date specified by the Commission, ensuring that the changes were implemented in a manner that was fair and consistent with the objectives of the Fair Work Act.

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