DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2016/3788)

BOROONDARA CITY COUNCIL SCHOOL CROSSING SUPERVISORS EMPLOYEES’ AGREEMENT NO. 7, 2016

Local government administration
COMMISSIONER LEE	MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the Boroondara City Council School Crossing Supervisors Employees’ Agreement No. 7, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council School Crossing Supervisors Employees’ Agreement No. 7, 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boroondara City Council. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Boroondara City Council to approve a proposed enterprise agreement for its school crossing supervisors. The Council sought the approval to formalise the terms and conditions of employment for these workers. The nature of the dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues addressed by the Commission involved assessing whether the agreement provided for the employees' pay and conditions in a fair and reasonable manner. This required scrutiny of the proposed terms against the Fair Work Act, including compliance with the ‘better-off overall test’ and ensuring that the agreement did not undermine the rights of the employees or breach any statutory minimum standards. Additionally, the Commission had to determine if the agreement had been fairly negotiated and if the necessary procedural requirements for the approval of the agreement had been met.

The Commission found that the proposed agreement was fair and reasonable, meeting all statutory requirements. It noted that the agreement provided for terms and conditions that were at least as good as, or better than, those previously applicable under the relevant award. The Commission was satisfied that the agreement had been negotiated in good faith and that the procedural requirements for approval were met. Consequently, the Commission approved the Boroondara City Council School Crossing Supervisors Employees’ Agreement No. 7, 2016, deeming it to be a valid and enforceable enterprise agreement.

In approving the agreement, the Commission made specific orders to formalise the terms and conditions as outlined in the agreement. These orders included the setting aside of the agreement for the purposes of the Fair Work Act, ensuring its enforceability against the parties involved. This decision marked the formal acceptance of the agreement into effect, thereby governing the employment terms and conditions for school crossing supervisors under the Boroondara City Council.

Boroondara City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established