DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2015/3707)

BOROONDARA CITY COUNCIL CUSTOMER SERVICE EMPLOYEES’ AGREEMENT NO 6, 2015

Local government administration
COMMISSIONER WILSON	MELBOURNE, 24 AUGUST 2015

Application for approval of the Boroondara City Council Customer Service Employees’ Agreement No 6, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Customer Service Employees’ Agreement No 6, 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 case involved the Boroondara City Council seeking approval for a new agreement concerning the terms and conditions of employment for its customer service employees. The dispute was brought before the Fair Work Commission. The central legal issue was whether the proposed agreement provided for the employees’ terms and conditions in a manner that was consistent with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for a safety net improvement, and whether it provided for procedural fairness in the workplace.

The Fair Work Commission examined the agreement in detail, considering whether it provided for minimum wages and conditions as set out in the relevant awards and whether it provided for procedural fairness. The Commission found that the proposed agreement did indeed meet these requirements, providing for a safety net improvement by ensuring that employees received at least the minimum terms and conditions provided for in the applicable awards. Additionally, the Commission noted that the agreement contained provisions for procedural fairness, which were in line with the requirements of the Fair Work Act.

The Commission approved the application for the agreement, finding that it complied with the statutory requirements. It was satisfied that the agreement provided for minimum wages and conditions and included provisions for procedural fairness. The decision emphasised the importance of ensuring that employees receive fair and reasonable terms of employment while also allowing employers to manage their businesses effectively.

The Fair Work Commission approved the Boroondara City Council Customer Service Employees’ Agreement No 6, 2015, with the conditions that it be registered with the Commission. The approval was based on the finding that the agreement met the necessary requirements under the Fair Work Act, including providing for minimum wages and conditions and ensuring procedural fairness for 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