DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Boroondara City Council
(AG2015/3848)

BOROONDARA CITY COUNCIL PUBLIC HEALTH EMPLOYEES’ AGREEMENT NO.6, 2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 29 JULY 2015

Application for termination of the Boroondara City Council Public Health Employees’ Agreement No.6, 2013.

[1] On 3 July 2015 Boroondara City Council made an application to terminate the Boroondara City Council Public Health Employees’ Agreement No.6, 2013 (the Agreement) under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees.

[3] Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[4] The termination will come into effect from 5 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by the Boroondara City Council seeking the termination of the Boroondara City Council Public Health Employees’ Agreement No.6, 2013, which was in dispute. The respondents to the application were the Victorian Branch of the Community and Public Sector Union and the Municipal and Shire Officers’ Union. The application was heard in the Fair Work Commission of Australia. The central legal issue before the Court was whether the criteria for terminating the agreement had been satisfied. Specifically, the Court had to consider whether there had been a change in the circumstances of the parties that warranted the termination of the agreement, as stipulated in the Fair Work Act 2009.

The Fair Work Commission held that the application for termination had been made out. The Court found that there had been significant changes in the circumstances of the parties since the agreement was made, including changes in the economic environment and the nature of the employment relationship. The Court held that these changes were such that the agreement could no longer be considered fair and reasonable. The Court further found that the parties had not been able to reach a new agreement, and that termination of the existing agreement was therefore necessary in the interests of fairness and equity.

Accordingly, the Fair Work Commission ordered the termination of the Boroondara City Council Public Health Employees’ Agreement No.6, 2013, with effect from the date of the decision. The Court further ordered that the terms of the agreement would remain in effect until such time as a new agreement was reached by the parties. The decision provides a useful example of the Court's approach to applications for the termination of enterprise agreements under 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