DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brimbank City Council
(AG2018/6115)

BRIMBANK CITY COUNCIL ENTERPRISE AGREEMENT 8, EA8 2018

Local government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 25 MARCH 2019

Application for approval of the Brimbank City Council Enterprise Agreement 8, EA8 2018.

[1] An application has been made for approval of an enterprise agreement known as the Brimbank City Council Enterprise Agreement 8, EA8 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brimbank City Council. The Agreement is a single enterprise agreement.

[2] The Employer has provided two sets of 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, 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; the Association of Professional Engineers, Scientists and Managers, Australia; and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they each want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 25 March 2019 and, in accordance with s.54, will operate from 1 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brimbank City Council, a local government body, was involved in an application before the Fair Work Commission to approve the Brimbank City Council Enterprise Agreement 8, EA8 2018. The dispute arose from the negotiation process and the terms outlined in the agreement between the Council and its employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements set forth in the Fair Work Act 2009, particularly focusing on the negotiation process and the substantive terms of the agreement. The Commission needed to assess if the agreement had been fairly and genuinely negotiated and if it provided for minimum terms and conditions of employment, as mandated by the Act.

The Fair Work Commission found that the agreement had been fairly and genuinely negotiated, as evidenced by the negotiation process which included multiple meetings and the involvement of independent mediators. The Commission also determined that the agreement provided for the minimum terms and conditions of employment, including wage rates, leave entitlements, and other employment benefits. Consequently, the Commission approved the agreement, finding it to be compliant with the statutory requirements.

In summary, the Fair Work Commission approved the Brimbank City Council Enterprise Agreement 8, EA8 2018, determining that it was fairly and genuinely negotiated and met all the necessary requirements under the Fair Work Act 2009. The decision concluded that the agreement was in order and suitable for implementation.

Brimbank City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established