DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2015/3655)

BOROONDARA CITY COUNCIL RIVERSDALE DEPOT EMPLOYEES’ AGREEMENT NO. 4, 2015

Local government administration
COMMISSIONER WILSON	MELBOURNE, 24 AUGUST 2015

Application for approval of the Boroondara City Council Riversdale Depot Employees’ Agreement No. 4, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Riversdale Depot 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 application before the Fair Work Commission concerns the approval of a new enterprise agreement between the Boroondara City Council and its employees working at the Riversdale Depot. The agreement, named the Boroondara City Council Riversdale Depot Employees’ Agreement No. 4, 2015, was proposed by the Council and seeks to formalise terms and conditions of employment for the depot employees. The legal issues that the Commission had to address included whether the agreement met the statutory requirements for approval, including the necessity of independent advice to the employees, whether the agreement contained terms that were contrary to public policy, and if it provided for proper procedural fairness.

The Fair Work Commission examined whether the agreement complied with the Fair Work Act 2009. A significant aspect of the analysis involved the determination of whether the employees had received independent advice, as mandated by the Act. The Commission also considered if the agreement contained terms that contravened public policy or failed to ensure procedural fairness. After thorough examination of the agreement and the processes involved in its negotiation and presentation, the Commission found that the agreement was valid and met all statutory requirements. The Commission concluded that the agreement did not contravene any public policy and was fair and reasonable in its terms.

Consequently, the Fair Work Commission approved the Boroondara City Council Riversdale Depot Employees’ Agreement No. 4, 2015. This decision was grounded on the Commission's finding that the agreement was properly negotiated and contained terms that were fair and reasonable. The approval of the agreement is effective from the date of the Commission's decision, ensuring that the terms and conditions of employment for the depot employees are legally binding and enforceable. This ruling resolves the dispute and provides certainty for both the Council and its employees regarding the new terms of their employment.

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