Boroondara City Council

[2014] FWCA 1428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2014/3749)

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

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 27 FEBRUARY 2014

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

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

[2] 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.

[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. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 6 March 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 involves an application by the Boroondara City Council to the Fair Work Commission for approval of the Corporate Support Services Employees’ Agreement No. 3, 2013. This agreement pertains to the terms and conditions of employment for employees within the corporate support services sector of the council. The application was brought before the Commission to ensure the agreement complies with the Fair Work Act 2009 and other relevant legislation.

The primary legal issues the Commission needed to address were whether the agreement met the requirements for a single-enterprise agreement, and whether the agreement fairly reflected the needs of both the employer and employees. The Commission also had to consider whether the agreement provided for a fair and reasonable balance between the parties' interests, and whether it adhered to the principles of enterprise bargaining as stipulated under the Act. Furthermore, the Commission had to ensure the agreement did not contravene any provisions of the National Employment Standards or other applicable awards.

After reviewing the terms of the agreement and the submissions made by both the council and the employees, the Commission determined that the agreement was fair and reasonable. The Commission found that the agreement provided a balanced outcome, considering the economic circumstances and the needs of both parties. The Commission also concluded that the agreement complied with the statutory requirements and did not contain any unfair provisions. Consequently, the application for approval was successful, and the agreement was registered.

The Fair Work Commission approved the Boroondara City Council Corporate Support Services Employees’ Agreement No. 3, 2013, and ordered its registration under the Fair Work Act 2009. This decision ensures that the agreement will serve as a binding framework for the employment conditions of the specified employees within the council.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established