Boroondara City Council Summary

[2013] FWCA 4619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2013/7404)

BOROONDARA CITY EXECUTIVE AND PERSONAL ASSISTANT EMPLOYEES’ AGREEMENT NO.3, 2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 11 JULY 2013

Application for approval of the Boroondara City Executive and Personal Assistant Employees’ Agreement No.3, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Executive and Personal Assistant 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 18 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Boroondara City Council, applied to the Fair Work Commission for approval of the Boroondara City Executive and Personal Assistant Employees’ Agreement No.3, 2013. The dispute arose from negotiations between the council and the employees’ union, which culminated in a proposed agreement that the council sought to have approved. The application was heard in the Fair Work Commission, which had jurisdiction over matters concerning unfair dismissal, unfair contract terms, and other employment-related issues.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "single interest" enterprise agreement, as it was intended to cover a small group of employees. Additionally, the Commission had to consider whether the agreement provided for terms and conditions that were fair and reasonable, and whether it had been genuinely agreed upon by both parties. The union argued that the agreement did not adequately represent the employees’ interests, while the council maintained that it was fair and had been negotiated in good faith.

The Commission found that the proposed agreement was a genuine single interest enterprise agreement and met the necessary criteria under the Act. It noted that the agreement was negotiated between the council and the union, and that it included terms and conditions that were fair and reasonable for the employees covered by the agreement. The Commission also accepted that the agreement had been genuinely agreed upon by both parties, and therefore approved the agreement as a certified agreement. The union's concerns about the representation of employees’ interests were not sufficient to invalidate the agreement, as the Commission found that the agreement was fair and reasonable overall.

As a result of the Commission's decision, the Boroondara City Executive and Personal Assistant Employees’ Agreement No.3, 2013 was approved and registered as a certified agreement. This means that the terms and conditions outlined in the agreement are legally binding on both the council and the employees covered by the agreement. The union's objections were overruled, and the agreement is now in effect.

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