Boroondara City Council Summary

[2013] FWCA 3334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2013/6524)

BOROONDARA CITY COUNCIL RIVERSDALE DEPOT EMPLOYEES’ AGREEMENT NO. 2, 2012

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 27 MAY 2013

Application for approval of the Boroondara City Council Riversdale Depot Employees’ Agreement No. 2, 2012.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Riversdale Depot Employees’ Agreement No. 2, 2012 (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 Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and Australian Municipal, Administrative, Clerical and Services Union (ASU), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers each organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 3 June 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Boroondara City Council, sought approval for the Boroondara City Council Riversdale Depot Employees’ Agreement No. 2, 2012. The application was made under section 176 of the Industrial Relations Act 1996 (Vic). The agreement aimed to set out the terms and conditions of employment for employees at the Riversdale Depot. The primary legal issue was whether the agreement met the requirements of section 176 of the Act, which stipulates the conditions under which an employer can apply for approval of an enterprise agreement.

The court examined the procedural and substantive requirements of the application. Procedurally, the court assessed whether the application was made in accordance with the legislative provisions. Substantively, it evaluated whether the agreement covered all the mandatory topics prescribed by the Act and whether it was in the best interests of the employees. The court also considered whether the agreement had been fairly negotiated and whether it complied with the provisions of the Fair Work Act 2009 (Cth). After a thorough review, the court determined that the application was valid and that the agreement satisfied all the necessary criteria.

The court approved the application, finding that the Boroondara City Council Riversdale Depot Employees’ Agreement No. 2, 2012, met all the requirements under section 176 of the Industrial Relations Act 1996 (Vic). The agreement was deemed to be fairly negotiated and in the best interests of the employees, and it covered all the mandatory topics as prescribed by the Act. The court's decision was based on the comprehensive evidence provided by the applicant, demonstrating compliance with both procedural and substantive requirements. The final orders of the court included the approval of the agreement, effective from the date of the judgment.

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