DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2016/4490)

BOROONDARA CITY COUNCIL NURSES EMPLOYEES’ AGREEMENT NO 8, 2016

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 SEPTEMBER 2016

Application for approval of the Boroondara City Council Nurses Employees’ Agreement No 8, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Nurses Employees’ Agreement No 8, 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 September 2016 and, in accordance with s.54, will operate from 9 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Boroondara City Council to the Fair Work Commission for approval of the Boroondara City Council Nurses Employees’ Agreement No 8, 2016. The application was brought before the Commission to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement contained all the required terms, was free from prohibited content, and was certified by an independent person. The Commission was required to assess the agreement against these statutory requirements and decide whether it was fit for approval.

The primary legal issues the Fair Work Commission needed to address were whether the agreement satisfied the conditions set out in section 232 of the Fair Work Act 2009. This included verifying that the agreement contained all the required terms, was free from prohibited content, and was certified by an independent person. The Commission also had to consider whether the agreement met the criteria for a single interest employer agreement and if the process for making the agreement was compliant with the Act.

In its decision, the Fair Work Commission found that the agreement met all the statutory requirements for approval. The Commission confirmed that the agreement contained all the necessary terms, was free from prohibited content, and had been certified by an independent person. The Commission also found that the agreement was made in accordance with the Fair Work Act 2009 and that the process for making the agreement was compliant. Based on these findings, the Commission approved the agreement, determining that it was fit for registration.

The Fair Work Commission approved the Boroondara City Council Nurses Employees’ Agreement No 8, 2016, and registered it under the Fair Work Act 2009. The Commission found that the agreement met all the necessary statutory requirements and was compliant with the Act. This decision confirmed the validity of the agreement and ensured that it would be enforceable between the council and the nurses’ union.

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