DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2015/3850)

BOROONDARA CITY COUNCIL ENTERPRISE AGREEMENT 2015

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 29 JULY 2015

Application for approval of the Boroondara City Council Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Enterprise Agreement 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] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Boroondara City Council sought approval for the Enterprise Agreement 2015. The respondents were the relevant unions representing the employees. The primary dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, including compliance with the relevant provisions governing enterprise agreements and fairness. The Commission was required to determine if the agreement appropriately addressed employee entitlements, working conditions, and dispute resolution mechanisms.

The key legal issues included assessing whether the agreement had been made in good faith, whether it provided for a direct and proper method of determining employee wages and conditions, and if it complied with the 'better off overall test'. Additionally, the Commission had to ensure that the agreement did not adversely affect employees who were not party to the agreement and that it was not inconsistent with any federal or state laws.

The Fair Work Commission found that the Enterprise Agreement 2015 complied with all necessary legal requirements. The agreement was deemed to be made in good faith, provided a direct and proper method for determining wages and conditions, and satisfied the 'better off overall test'. The Commission also confirmed that the agreement did not adversely affect non-party employees and was consistent with relevant laws. Consequently, the Commission approved the agreement.

The final orders of the Commission included the formal approval of the Boroondara City Council Enterprise Agreement 2015, with the agreement to be registered with the Fair Work Commission. This decision would be effective from the date of the approval, ensuring that the terms and conditions set out in the agreement would govern the employment relationships of the parties involved.

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