Boroondara City Council Summary

[2014] FWCA 6282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2014/8788)

BOROONDARA CITY COUNCIL PARKS & GARDENS EMPLOYEES’ AGREEMENT NO. 3, 2014

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 10 SEPTEMBER 2014

Application for approval of the Boroondara City Council Parks & Gardens Employees’ Agreement No. 3, 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Parks & Gardens 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] 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.

[3] 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.

[4] 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Boroondara City Council, sought approval for the third Parks and Gardens Employees’ Agreement from 2014. The respondents, represented by the Public Service Association of Victoria, contested the application on various grounds, including that the agreement failed to provide for the protection of employees' health and safety, and that it did not adequately address the issue of casualisation of the workforce. The matter was heard in the Fair Work Commission.

The legal issues that the Commission was required to decide included whether the agreement provided adequate protection for the employees' health and safety, and whether the agreement was consistent with the Fair Work Act 2009. The Commission also needed to determine whether the agreement was in the best interests of the employees and the employer.

The Fair Work Commission found that the agreement provided adequate protection for the employees' health and safety and was consistent with the Fair Work Act. The Commission also found that the agreement was in the best interests of both the employees and the employer. The Commission noted that the agreement provided for a comprehensive set of entitlements for employees, including provisions for paid leave, superannuation, and other benefits. The Commission also found that the agreement addressed the issue of casualisation by providing for a clear pathway for casual employees to become permanent. The application was approved.

The Fair Work Commission approved the Boroondara City Council Parks & Gardens Employees’ Agreement No. 3, 2014. The Commission found that the agreement provided adequate protection for the employees' health and safety and was consistent with the Fair Work Act. The Commission also found that the agreement was in the best interests of both the employees and the employer. The agreement was approved and will come into effect on the date of the Commission's decision.

Boroondara City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established