Boroondara City Council Summary

[2014] FWCA 6280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2014/8786)

BOROONDARA CITY COUNCIL PLANNING EMPLOYEES’ AGREEMENT NO 6, 2014

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 10 SEPTEMBER 2014

Application for approval of the Boroondara City Council Planning Employees’ Agreement No 6, 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Planning Employees’ Agreement No 6, 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] 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 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 application before the court involved the Boroondara City Council seeking approval for the Boroondara City Council Planning Employees’ Agreement No 6, 2014. The dispute centred around the approval of the terms and conditions of employment for planning employees within the council, which were proposed in the agreement. The case was heard by the Fair Work Commission, an Australian tribunal with jurisdiction over employment-related matters.

The legal issues the court needed to resolve were whether the proposed agreement complied with the relevant legislative provisions, specifically the Fair Work Act 2009. The court was required to examine whether the agreement met the criteria for an enterprise agreement, including whether it was in writing, contained certain prescribed details, and did not discriminate or contravene minimum standards. Additionally, the court had to consider whether the agreement provided for a fair and efficient workplace, as mandated by the legislation.

The court found that the proposed agreement satisfied the requirements of the Fair Work Act. The agreement was in writing, contained all the necessary prescribed details, and did not discriminate or contravene minimum standards. Furthermore, the court determined that the agreement provided for a fair and efficient workplace, with provisions that addressed the needs of both the council and its planning employees. Consequently, the court approved the agreement, allowing it to come into effect as a legally binding contract between the council and its planning employees.

The court’s decision was final, and no further orders were made beyond the approval of the agreement. The agreement, once approved, would govern the terms and conditions of employment for planning employees within the Boroondara City Council, providing a framework for their work within the council.

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