DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2015/3715)

BOROONDARA CITY COUNCIL AGED & DISABILITY SERVICES EMPLOYEES’ AGREEMENT NO 8, 2015

Local government administration
COMMISSIONER WILSON	MELBOURNE, 24 AUGUST 2015

Application for approval of the Boroondara City Council Aged & Disability Services Employees’ Agreement No 8, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Aged & Disability Services Employees’ Agreement No 8, 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

In the Fair Work Commission, Boroondara City Council sought approval for the Aged and Disability Services Employees’ Agreement No 8, 2015. The agreement was intended to cover employees who were part of the council's aged and disability services sector. The council argued that the agreement was necessary to ensure fair and reasonable terms of employment for its employees. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly in terms of fairness and reasonableness, and whether it complied with the relevant provisions of the Act.

The court had to determine whether the agreement was fair and reasonable, taking into account the principles of the Fair Work Act. This included examining whether the agreement provided for terms and conditions that were equitable and just, and whether it adhered to the requirements set out in the Act. Additionally, the court needed to assess whether the agreement met the specific needs of the employees within the aged and disability services sector, considering factors such as job security, wages, and working conditions. The decision also required scrutiny of whether the agreement was consistent with the broader objectives of the Fair Work Act, including promoting productive and harmonious workplace relations.

The Fair Work Commission found that the agreement was fair and reasonable. The court reasoned that the terms of the agreement were equitable and met the needs of the employees in the aged and disability services sector. It was concluded that the agreement provided adequate provisions for job security, wages, and working conditions. Furthermore, the agreement aligned with the broader objectives of the Fair Work Act by promoting harmonious workplace relations. Consequently, the agreement was approved, allowing it to come into effect as intended.

As a result of the decision, the Boroondara City Council Aged & Disability Services Employees’ Agreement No 8, 2015 was approved and is now in force. The agreement provides the agreed terms and conditions of employment for the employees within the specified sector, reflecting the principles of fairness and reasonableness as required by 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