DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Borough of Queenscliffe
(AG2019/3059)

BOROUGH OF QUEENSCLIFFE ENTERPRISE BARGAINING AGREEMENT NO. 10, 2019

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the Borough of Queenscliffe Enterprise Bargaining Agreement No. 10, 2019

[1] The Borough of Queenscliffe has made an application for approval of an enterprise agreement known as the Borough of Queenscliffe Enterprise Bargaining Agreement No. 10, 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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. The undertakings are taken to be a term of 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 September 2019 and, in accordance with s 54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Borough of Queenscliffe applied to the Fair Work Commission for approval of the Enterprise Bargaining Agreement No. 10, 2019. The dispute involved whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant provisions of the Act, particularly in relation to the terms and conditions of employment.

The central legal issues addressed by the Commission were whether the agreement provided for the proper registration of employees, ensured fair and reasonable terms and conditions, and adhered to the procedural requirements for approval. The Commission also had to assess whether the agreement was genuinely bargained between the employer and the relevant employee representatives and whether it complied with the Good Faith Bargaining obligations.

In reaching its decision, the Commission considered the submissions from both parties, the nature of the agreement, and the compliance with statutory requirements. The Commission found that the proposed agreement met the necessary criteria for approval, including being genuinely bargained and adhering to the procedural and substantive fairness tests. The Commission concluded that the agreement was fair and reasonable and, therefore, approved the Enterprise Bargaining Agreement No. 10, 2019.

The Fair Work Commission approved the Borough of Queenscliffe Enterprise Bargaining Agreement No. 10, 2019, effective from 1st July 2019. The agreement was to be registered with the Fair Work Commission, and the terms and conditions outlined within it would apply to the relevant employees.

Borough of Queenscliffe

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established