Boroondara City Council Summary

[2014] FWCA 6289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2014/8790)

BOROONDARA CITY COUNCIL BUILDING SERVICES EMPLOYEES’ AGREEMENT NO 6, 2014

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 10 SEPTEMBER 2014

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

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

In the case of Boroondara City Council, the applicant sought approval for the Boroondara City Council Building Services Employees’ Agreement No 6, 2014. The dispute centred on the application's compliance with statutory requirements under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Fair Work Commission was the court tasked with evaluating the application.

The primary legal issue before the Commission was whether the application met the statutory requirements under the Fair Work Act and the Fair Work (Registered Organisations) Act. Specifically, the Commission had to determine if the application included all necessary particulars, if it complied with the prescribed form and content, and if it adhered to the provisions for public disclosure. The applicant argued that the application was complete and complied with all relevant legal requirements, while the respondent raised concerns about the application's compliance.

The Fair Work Commission examined the application in detail, focusing on the statutory requirements for approval. The Commission noted that the application was substantially compliant with the relevant provisions, though it identified minor deficiencies in the disclosure of certain particulars. Despite these minor issues, the Commission concluded that the overall application met the necessary standards and should be approved. The Commission emphasised the importance of compliance but also recognised the applicant's efforts to adhere to the legal framework. As a result, the Commission granted the application for approval.

The final orders of the Commission included the approval of the Boroondara City Council Building Services Employees’ Agreement No 6, 2014, subject to the minor conditions identified during the review process. The Commission directed the applicant to address the identified deficiencies and resubmit the application if necessary. This decision provided clarity on the requirements for such applications and reinforced the importance of meticulous compliance with statutory provisions.

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