DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Borough of Queenscliffe
(AG2016/6759)

BOROUGH OF QUEENSCLIFFE ENTERPRISE BARGAINING AGREEMENT NO. 9, 2016

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 DECEMBER 2016

Application for approval of the Borough of Queenscliffe Enterprise Bargaining Agreement No. 9, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Borough of Queenscliffe Enterprise Bargaining Agreement No. 9, 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Borough of Queenscliffe. The agreement is a single enterprise agreement.

[2] The Applicant 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] 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 2 December 2016 and, in accordance with s.54, will operate from 9 December 2016. The nominal expiry date of the Agreement is 15 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Borough of Queenscliffe applied for approval of the Enterprise Bargaining Agreement No. 9, 2016. The agreement was between the Borough and its employees, who were represented by the Australian Municipal, Administrative and Clerical Officers Union. The matter was heard in the Fair Work Commission, with the Commission tasked with determining whether the agreement should be approved and registered.

The legal issues before the Commission involved whether the agreement met the criteria for approval under the Fair Work Act 2009. Key considerations included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from any unfair provisions. The Borough argued that the agreement was fair and reasonable, while the union contended that certain provisions were not in line with the requirements of the Act.

In its decision, the Commission found that the agreement did meet the necessary criteria for approval. The Commission was satisfied that the terms and conditions provided for in the agreement were fair and reasonable, and that there were no unfair provisions. The Commission approved and registered the agreement, highlighting that it provided for appropriate pay rates, conditions of employment, and dispute resolution mechanisms.

The Fair Work Commission approved and registered the Enterprise Bargaining Agreement No. 9, 2016, between the Borough of Queenscliffe and the Australian Municipal, Administrative and Clerical Officers Union. The decision confirmed that the agreement met the necessary criteria for approval under the Fair Work Act 2009.

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