DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2015/3713)

BOROONDARA CITY COUNCIL PARKS & GARDENS EMPLOYEES’ AGREEMENT NO. 4, 2015

Local government administration
COMMISSIONER WILSON	MELBOURNE, 24 AUGUST 2015

Application for approval of the Boroondara City Council Parks & Gardens Employees’ Agreement No. 4, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Parks & Gardens Employees’ Agreement No. 4, 2015 (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 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 August 2015 and, in accordance with s.54, will operate from 31 August 2015. 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 applicant, Boroondara City Council, sought approval of the Boroondara City Council Parks & Gardens Employees’ Agreement No. 4, 2015, from the Fair Work Commission. The applicant argued that the agreement contained reasonable terms and conditions for the employment of its parks and gardens employees. The legal issues that arose in this case were whether the terms and conditions of the agreement were reasonable and appropriate, and whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission examined the agreement in detail, considering the nature of the work, the bargaining power of the parties, and the overall fairness of the agreement. The Commission found that the agreement contained reasonable terms and conditions, taking into account the specific circumstances of the parks and gardens employees. The Commission was satisfied that the agreement was in the best interests of the employees, as it provided for fair pay and conditions, as well as mechanisms for resolving disputes. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission approved the Boroondara City Council Parks & Gardens Employees’ Agreement No. 4, 2015, finding that the agreement contained reasonable terms and conditions for the employment of the parks and gardens employees. The Commission noted that the agreement provided for fair pay and conditions, as well as mechanisms for resolving disputes. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act.

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