Boroondara City Council Summary

[2013] FWCA 7255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boroondara City Council
(AG2013/9343)

BOROONDARA CITY COUNCIL SCHOOL CROSSING SUPERVISORS EMPLOYEES' AGREEMENT NO. 6, 2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 20 SEPTEMBER 2013

Application for approval of the Boroondara City Council School Crossing Supervisors Employees' Agreement No. 6, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council School Crossing Supervisors Employees' Agreement No. 6, 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 Agreement is approved. In accordance with s.54(1) it will operate from 27 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Boroondara City Council, acting as the employer, applied for the approval of the Boroondara City Council School Crossing Supervisors Employees' Agreement No. 6, 2013. The application was filed to ensure the agreement's compliance with the applicable industrial laws and to confirm its binding nature for the parties involved. The applicants argued that the agreement was necessary to regulate the terms and conditions of employment for school crossing supervisors, including wages, working hours, and other employment-related matters.

The primary legal issues before the court were whether the agreement complied with the requirements set out in the Fair Work Act 2009 and whether it was a bona fide agreement made in good faith. The court was required to consider the process by which the agreement was made, its content, and whether it was genuinely negotiated between the parties. Additionally, the court had to determine whether the agreement met the criteria for approval under the Fair Work Act.

The court examined the process of agreement formation and the evidence provided by the parties. It found that the agreement was genuinely negotiated between the employer and the employees' representatives and was made in good faith. The court also confirmed that the agreement's content complied with the statutory requirements and did not contravene any provisions of the Fair Work Act. Based on these findings, the court approved the agreement, thereby confirming its validity and binding nature on the parties involved.

The court issued an order approving the Boroondara City Council School Crossing Supervisors Employees' Agreement No. 6, 2013, subject to the terms and conditions specified in the agreement. The approval ensures that the agreement governs the employment terms for school crossing supervisors, providing legal certainty for both the employer and the employees.

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