Boroondara City Council Summary

[2014] FWCA 2332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2014/5377)

BOROONDARA CITY COUNCIL ENGINEERING SERVICES EMPLOYEES’ AGREEMENT NO. 3, 2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 9 APRIL 2014

Application for approval of the Boroondara City Council Engineering Services Employees’ Agreement No. 3, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Engineering Services Employees’ Agreement No. 3, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 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 case involved an application by the Boroondara City Council to secure approval for the Boroondara City Council Engineering Services Employees’ Agreement No. 3, 2013. The dispute centred around the terms and conditions of employment for the engineering services employees of the council, and the application was heard by the Fair Work Commission. The legal issues at the heart of the case were whether the terms and conditions proposed in the agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009.

The Commission undertook a detailed examination of the proposed agreement, focusing on the key terms and conditions affecting the employees. The analysis considered whether the proposed terms provided for fair and equitable treatment of the employees, including aspects such as remuneration, working hours, leave entitlements, and other conditions of employment. The Commission also assessed whether the agreement met the statutory requirements for approval under the Fair Work Act, including compliance with any applicable award or registered agreement. The primary focus was on ensuring that the agreement was fair and balanced, and did not unjustifiably disadvantage the employees.

Upon reviewing the evidence and arguments presented by both parties, the Commission concluded that the proposed agreement was fair and reasonable. The Commission found that the terms and conditions provided for appropriate remuneration and working conditions, and that they were consistent with the principles of fairness and equity. The Commission also determined that the agreement complied with the relevant statutory requirements and did not unjustifiably disadvantage the employees. As a result, the Commission approved the Boroondara City Council Engineering Services Employees’ Agreement No. 3, 2013.

The final orders of the Commission were that the proposed agreement be approved, subject to any modifications that the Commission deemed necessary to ensure compliance with the Fair Work Act and to promote fairness and equity for the employees. The approval of the agreement was a significant outcome for the council, as it provided certainty and stability in the employment conditions for the engineering services employees, while also ensuring that the employees were treated fairly and equitably under the terms of their employment.

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