Borough of Queenscliffe

[2022] FWCA 3464 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Borough of Queenscliffe

(AG2022/3940)

Borough of Queenscliffe Enterprise Bargaining Agreement No. 11, 2022

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 OCTOBER 2022

Application for approval of the Borough of Queenscliffe Enterprise Bargaining Agreement No. 11, 2022

An application has been made by the Borough of Queenscliffe pursuant to s.185 of the Fair Work Act 2009 for approval of a single enterprise agreement known as the Borough of Queenscliffe Enterprise Bargaining Agreement No. 11, 2022 (the Agreement).

The employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking 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.

The Australian Municipal, Administrative, Clerical and Services Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2022. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Borough of Queenscliffe, represented by the Minister for Local Government, sought approval for Enterprise Bargaining Agreement No. 11, 2022. The agreement was for the period of 1 April 2022 to 31 March 2026. The Borough of Queenscliffe Municipal Council opposed the agreement, arguing that it did not meet the requirements of the relevant legislation. The application was brought to the Fair Work Commission.

The central legal issue before the Commission was whether the Enterprise Bargaining Agreement No. 11, 2022 met all the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was a "certified agreement" as defined in section 171 of the Act. The Borough of Queenscliffe submitted that the agreement was a certified agreement, while the Council argued that it did not meet the necessary criteria.

In considering the application, the Commission examined the provisions of the agreement and the legislative requirements. The Commission noted that the agreement contained all the necessary elements, including the terms and conditions of employment, and had been negotiated in good faith. The Commission found that the agreement was a certified agreement as it met all the statutory requirements. Therefore, the application for approval was successful.

The Fair Work Commission approved the Borough of Queenscliffe Enterprise Bargaining Agreement No. 11, 2022. The decision is final and binding, and the agreement is now in effect for the specified period. The Commission's approval signifies that the agreement is a certified agreement under the Fair Work Act 2009 and is therefore valid and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established