DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2015/3706)

BOROONDARA CITY COUNCIL LIBRARY SERVICES EMPLOYEES’ AGREEMENT NO. 7, 2015

Local government administration
COMMISSIONER WILSON	MELBOURNE, 24 AUGUST 2015

Application for approval of the Boroondara City Council Library Services Employees’ Agreement No. 7, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Library Services Employees’ Agreement No. 7, 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 before the Fair Work Commission involved an application by the Boroondara City Council for approval of the Library Services Employees’ Agreement No. 7, 2015. The agreement pertained to the terms and conditions of employment for library services employees within the council, including wages, working hours, and other employment-related matters. The primary dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and was consistent with relevant industrial instruments and the general principles of the national workplace relations system.

The court was tasked with determining whether the agreement provided for a fair and reasonable outcome for both the employees and the council. This involved assessing the agreement against the criteria set out in the Fair Work Act, including whether it provided for a safety net of minimum wages and conditions, facilitated flexibility in the workplace, and promoted high-performance work practices. Additionally, the court examined whether the agreement was consistent with the principles of good faith bargaining and whether it allowed for an effective resolution of workplace disputes.

In its decision, the Fair Work Commission found that the agreement was consistent with the objectives of the Fair Work Act and met the necessary criteria for approval. The commission noted that the agreement provided for a safety net of minimum wages and conditions, facilitated flexibility in the workplace, and promoted high-performance work practices. The commission also found that the agreement was the result of good faith bargaining between the parties and allowed for an effective resolution of workplace disputes. Based on these findings, the commission approved the agreement.

The Fair Work Commission's approval of the Library Services Employees’ Agreement No. 7, 2015, means that it will now be the governing instrument for the employment of library services employees within the Boroondara City Council. This decision provides certainty for both the employees and the council and ensures that the agreement is consistent with the principles of the national workplace relations system.

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