Boroondara City Council T/A City of Boroondara

[2024] FWCA 4430

[2024] FWCA 4430

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Boroondara City Council T/A City of Boroondara

(AG2024/4270)

BOROONDARA CITY COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration
COMMISSIONER WILSON	MELBOURNE, 11 DECEMBER 2024

Boroondara City Council Enterprise Agreement 2024 - Approved Application for approval of the Boroondara City Council Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Boroondara City Council Enterprise Agreement 2024 (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 T/A City of Boroondara (the Applicant). The Agreement is a single enterprise agreement.

1. The Australian Nursing and Midwifery Federation (the ANMF), which gave notice to the Commission that their members were covered by the agreement pursuant to s. 183, has chosen to not give a view on the better off over all test requirements pursuant to the Agreement. The ANMF has not raised objections to the draft agreement before the Commission. Its members voted to give assent to the Agreement.

1. The Australian Services Union (the ASU), which gave notice to the Commission that their members were covered by the agreement pursuant to s. 183, has chosen to not give a view on the better off over all test requirements pursuant to the Agreement. The ASU has not raised objections to the draft agreement before the Commission. Its members voted to give assent to the Agreement.

1. The Agreement was silent on employee flexibility, which may not satisfy s.203 of the Act. A Model Flexibility clause will be inserted into the Agreement.

1. The Agreement at cl. 8, incorporates cl.7A of the Victorian Local Government Award 2015, the clause related to workplace delegates’ rights. Clause 7A of the Victorian Local Government Award 2015 will be incorporated into the Agreement.

1. The Applicant has provided written undertakings, see Annexure A below. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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Annexure A