Boroondara City Council T/A City of Boroondara

[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

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.

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.

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Boroondara City Council, acting as a party, and the Fair Work Commission (FWC), which was required to approve a proposed enterprise agreement for the council. The FWC was tasked with evaluating the proposed enterprise agreement to determine its compliance with relevant legislative standards and to assess its fairness and appropriateness for the council's employees. The FWC's decision was pivotal in establishing the terms and conditions of employment for the council's workforce, ensuring that the agreement met the criteria set forth in the Fair Work Act 2009.

The primary legal issues that the FWC needed to address were whether the proposed enterprise agreement met the requirements of the Fair Work Act and whether it was a "better off overall test" agreement. This involved examining the terms and conditions outlined in the agreement to ensure they did not undermine the safety and health of the employees, and that they provided a fair and reasonable balance of benefits and obligations between the employer and the employees. Additionally, the FWC had to assess if the agreement appropriately reflected the needs and interests of both the council and its employees.

The FWC concluded that the proposed enterprise agreement was compliant with the Fair Work Act and met the "better off overall test." The FWC found that the agreement was fair and reasonable, providing appropriate protections and benefits to the employees while also allowing the council to manage its resources effectively. The FWC was satisfied that the agreement would not undermine the safety and health of employees and that it provided a fair and reasonable balance of benefits and obligations. As a result, the FWC approved the Boroondara City Council Enterprise Agreement 2024.

The FWC's decision approved the proposed enterprise agreement, effective from the date of the approval. The council and its employees were bound by the terms and conditions set forth in the approved agreement, which would govern their employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established