Boroondara City Council

[2014] FWCA 6292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2014/8796)

BOROONDARA CITY COUNCIL RIVERSDALE DEPOT EMPLOYEES’ AGREEMENT NO.3, 2014

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 10 SEPTEMBER 2014

Application for approval of the Boroondara City Council Riversdale Depot Employees’ Agreement No.3, 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Riversdale Depot Employees’ Agreement No.3, 2014 (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 undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

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

[4] The Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 17 September 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Boroondara City Council, applied to the Fair Work Commission for the approval of the Boroondara City Council Riversdale Depot Employees’ Agreement No.3, 2014. The dispute arose as the Council sought to formalise the terms of employment for its Riversdale Depot employees under an enterprise agreement. The case was heard and determined by the Fair Work Commission.

The central legal issue was whether the proposed agreement met the requirements of the Fair Work Act 2009 for being an enterprise agreement. This included verifying if the agreement covered a single enterprise, was made in good faith, and did not contain terms that were less favourable than the applicable minimum standards. The Commission needed to assess whether the agreement had been appropriately negotiated and if the process adhered to the necessary statutory criteria.

In rendering its decision, the Commission found that the agreement was appropriately negotiated and met the statutory criteria for approval. The Council had demonstrated that the agreement was made in good faith and was appropriate for the enterprise. The terms of the agreement were also consistent with the applicable minimum standards, and the process of negotiation was deemed to be fair and compliant with the requirements of the Fair Work Act. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Boroondara City Council Riversdale Depot Employees’ Agreement No.3, 2014, determining that it met all necessary criteria for an enterprise agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established