Borough of Queenscliffe

[2013] FWCA 2423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Borough of Queenscliffe
(AG2013/5839)

BOROUGH OF QUEENSCLIFFE ENTERPRISE BARGAINING AGREEMENT NO. 8, 2013

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 19 APRIL 2013

Application for approval of the Borough of Queenscliffe Enterprise Bargaining Agreement No. 8, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Borough of Queenscliffe Enterprise Bargaining Agreement No. 8, 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Borough of Queenscliffe. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2013. The nominal expiry date of the Agreement is 15 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Borough of Queenscliffe applied to the Fair Work Commission for approval of the Enterprise Bargaining Agreement No. 8, 2013. The Borough sought to approve this agreement as a single interest employer, with the union representing the employees being the Municipal and Shire Officers Association of Victoria. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for an enterprise-wide agreement to be approved as a single interest employer agreement. Specifically, the Borough argued that the agreement was in the best interests of the employees and the employer, and that the union had genuine support from the employees.

The legal issues before the Commission included whether the agreement complied with the procedural requirements under the Act, whether it was in the best interests of the employees and the employer, and whether the union genuinely represented the employees. The Commission had to consider the evidence presented by both parties and determine if the agreement satisfied the statutory criteria for approval. The Borough argued that the agreement provided significant benefits to the employees, including pay rises, improved working conditions, and better job security. The union supported the application, stating that it had obtained genuine support from the employees and that the agreement was fair and reasonable.

After reviewing the evidence, the Commission found that the agreement complied with the procedural requirements and was in the best interests of both the employees and the employer. The Commission also found that the union genuinely represented the employees and that the employees had supported the agreement. The Commission approved the Enterprise Bargaining Agreement No. 8, 2013, as a single interest employer agreement. The Borough of Queenscliffe was granted the approval it sought, and the agreement will now be binding on the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established