DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2015/3041)

BOROONDARA CITY COUNCIL BUILDING SERVICES EMPLOYEES’ AGREEMENT NO 7, 2015

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 3 JULY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Building Services 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 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

The case before the court involved the Boroondara City Council and its building services employees, represented by their union. The dispute centred on the approval of the Boroondara City Council Building Services Employees’ Agreement No 7, 2015, which was submitted to the Fair Work Commission for approval. The Council opposed the agreement on various grounds, arguing that it contravened certain statutory provisions and was not in the best interests of the employees.

The key legal issues before the court were whether the agreement complied with the Fair Work Act 2009, particularly regarding the provisions that related to the terms and conditions of employment, and whether it was in the best interests of the employees. The court needed to consider whether the agreement was fair and reasonable and if it provided for an appropriate balance between the interests of the employees and the Council.

The Fair Work Commission found that the agreement was fair and reasonable and did not contravene any statutory provisions. It considered that the agreement provided for appropriate terms and conditions of employment that balanced the interests of both parties. The Commission held that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms that were not overly detrimental to the employees. The court rejected the Council's arguments and approved the agreement.

The Fair Work Commission approved the Boroondara City Council Building Services Employees’ Agreement No 7, 2015, finding it to be fair and reasonable and in the best interests of the employees. The Commission rejected the Council's arguments and held that the agreement provided for appropriate terms and conditions of employment that balanced the interests of both parties.

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