DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2016/3424)

BOROONDARA CITY EXECUTIVE AND PERSONAL ASSISTANT EMPLOYEES’ AGREEMENT NO. 4, 2016

Local government administration
COMMISSIONER LEE	MELBOURNE, 28 JULY 2016

Application for approval of the Boroondara City Executive and Personal Assistant Employees’ Agreement No. 4, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Executive and Personal Assistant Employees’ Agreement No. 4, 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 4 August 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

In the Fair Work Commission, the Boroondara City Council sought approval of a new Enterprise Agreement for its Executive and Personal Assistant employees. The applicants argued that the proposed agreement was necessary to address issues of workplace flexibility and efficiency. The respondents, represented by a union, contested the application on the basis that the new agreement would result in a reduction of employee rights and conditions.

The primary legal issues before the Commission were whether the proposed agreement met the formal requirements for approval under the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions. The Commission needed to determine if the agreement was genuinely negotiated, if it included adequate provisions for the protection of employees, and if it complied with the principles of good faith bargaining.

The Commission found that the agreement was genuinely negotiated and contained adequate provisions for the protection of employees. It considered the need for flexibility in the workplace and the context of the negotiations, which included a fair process and adequate consultation. The Commission concluded that the proposed agreement provided for fair and reasonable terms and conditions, taking into account the principles of good faith bargaining and the need for a modern and efficient workplace. Therefore, the application for approval was granted.

The Fair Work Commission approved the Boroondara City Executive and Personal Assistant Employees’ Agreement No. 4, 2016, as meeting the requirements of the Fair Work Act 2009. The new agreement was to be applied from the date of the decision, providing a framework for the terms and conditions of employment for the specified employees.

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