Boroondara City Council Summary

[2014] FWCA 2422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2014/5152)

BOROONDARA CITY COUNCIL LOCAL LAWS EMPLOYEES’ AGREEMENT NO. 5, 2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 11 APRIL 2014

Application for approval of the Boroondara City Council Local Laws Employees’ Agreement No. 5, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Local Laws Employees’ Agreement No. 5, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It was 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 of the Act 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. In accordance with s.54(1) it will operate from 18 April 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 Federal Circuit Court, the Boroondara City Council applied for approval of a Local Laws Employees’ Agreement No. 5, 2013. The Council argued that the agreement was necessary to address operational efficiencies and to manage the workforce within its resources. The decision hinged on whether the agreement complied with the relevant legislative framework, specifically the Local Government Act 1993 (Cth).

The primary legal issue revolved around the interpretation and application of the Local Government Act 1993 (Cth) and its provisions concerning the making of local laws by councils. The court had to determine if the Council had the requisite authority to enter into the agreement and whether the agreement itself adhered to the legal standards set forth in the Act. Furthermore, the court examined if the agreement appropriately balanced the interests of the Council and its employees.

The court concluded that the Council had the requisite authority to propose and enter into the agreement, as it fell within the scope of the powers granted under the Local Government Act 1993 (Cth). The agreement was deemed to be compliant with the legislative requirements and effectively balanced the interests of both the Council and its employees. The court found that the Council had properly exercised its discretion and that the agreement was in the best interests of the local government operations.

As a result, the court approved the Boroondara City Council Local Laws Employees’ Agreement No. 5, 2013, thereby allowing the Council to implement the terms and conditions outlined in the agreement.

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