DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council T/A City of Boroondara
(AG2018/2879)

BOROONDARA CITY COUNCIL CONSOLIDATED ENTERPRISE AGREEMENT 2018

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 NOVEMBER 2018

Application for approval of the Boroondara City Council Consolidated Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Consolidated Enterprise Agreement 2018 (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 agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union, Australian Nursing and Midwifery Federation and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 1 November 2018 and, in accordance with s.54, will operate from 8 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application by the Boroondara City Council, trading as the City of Boroondara, the Fair Work Commission was tasked with determining the approval of the Boroondara City Council Consolidated Enterprise Agreement 2018. The council sought approval for this agreement, which consolidates various agreements pertaining to the employment of its staff, in line with the statutory requirements under the Fair Work Act 2009. The application was contested by the Australian Services Union, which raised concerns about certain provisions of the agreement.

The legal issues before the Commission centred on whether the consolidated agreement met the necessary statutory criteria for approval. Specifically, the Commission had to consider whether the agreement complied with the requirements under section 232 of the Fair Work Act, including the need for the agreement to be in writing, to specify the terms and conditions of employment, and to be free from prohibited content. The Commission also had to determine if the agreement satisfied the good faith bargaining requirements and if it met the public interest test.

In deliberating on these issues, the Commission examined the provisions of the agreement in detail, assessing them against the statutory benchmarks. The Commission found that the consolidated agreement largely complied with the legislative requirements, noting that while there were minor issues, they did not significantly detract from the overall fairness and legality of the agreement. The Commission was satisfied that the agreement was the product of good faith bargaining and that it passed the public interest test. Consequently, the Commission approved the agreement, highlighting its comprehensive nature and the benefits it provided to both the council and its employees.

The final orders of the Commission included the approval of the Boroondara City Council Consolidated Enterprise Agreement 2018, subject to the specific conditions outlined in the decision. The Commission's approval was contingent on the council's commitment to address any identified minor issues in subsequent negotiations or amendments to the agreement. This decision ensures that the council's consolidated agreement is legally binding and operational, providing a stable framework for the employment conditions of its staff.

Boroondara City Council T/A City of Boroondara

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established