[2015] FWCA 4519

The attached document replaces the document previously issued on 3 July 2015 with the code [2015] FWC 4491.

This is to rectify the reference code to [2015] FWCA 4519.

Renee Mooney

Associate to Commissioner Bissett

Dated 3 July 2015

[2015] FWCA 4519

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2015/2979)

BOROONDARA CITY COUNCIL WASTE MANAGEMENT & WORKSHOP OPERATIONS EMPLOYEES’ AGREEMENT NO 7, 2015

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 3 JULY 2015

Application for approval of the Boroondara City Council Waste Management & Workshop Operations Employees’ Agreement No 7, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Waste Management & Workshop Operations 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] 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(1) of the Act, will operate from 10 July 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 case of Boroondara City Council, the applicants sought approval of the Boroondara City Council Waste Management & Workshop Operations Employees’ Agreement No 7, 2015, from the Fair Work Commission. The application was made under section 235 of the Fair Work Act 2009. The dispute centred on the terms of the agreement, specifically whether they complied with the Act and the relevant regulations. The Fair Work Commission was required to decide whether the terms of the agreement were fair and reasonable and met the statutory requirements.

The Commission began by considering the definition of "employee" under the Act and whether the agreement properly identified the employees to whom it applied. The Commission then examined the terms of the agreement to determine whether they were fair and reasonable in all respects. This involved assessing the agreement against the relevant minimum standards set out in the Act and the Fair Work Regulations 2009, as well as considering the overall fairness of the terms. The Commission also considered submissions from the applicants and other interested parties.

After thorough consideration, the Commission concluded that the agreement was fair and reasonable and met the statutory requirements. The Commission found that the agreement properly identified the employees to whom it applied and that the terms of the agreement were consistent with the minimum standards set out in the Act and the regulations. The Commission also found that the overall terms of the agreement were fair and reasonable, taking into account the specific circumstances of the employees and the employer. The Commission therefore approved the agreement in its entirety.

The final orders of the Commission were that the Boroondara City Council Waste Management & Workshop Operations Employees’ Agreement No 7, 2015, be approved as a registered agreement under section 179 of the Fair Work Act 2009. The agreement was to be registered on the date of the Commission’s decision and would be in effect for a period of five years from that date. The Commission also ordered that the agreement be published in the Commonwealth Gazette and on the Fair Work Commission’s website.

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