DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Casey City Council T/A City of Casey
(AG2017/4746)

CASEY CITY COUNCIL ENTERPRISE AGREEMENT 2017

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 MARCH 2018

Application for approval of the Casey City Council Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Casey City Council Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Casey City Council T/A City of Casey. 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Education Union, the Australian Nursing and Midwifery Federation, The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 2 March 2018 and, in accordance with s.54, will operate from 9 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Casey City Council, sought approval of its 2017 Enterprise Agreement from the Fair Work Commission. The dispute involved the terms and conditions of employment for certain employees within the council. The Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the proposed agreement provided for terms and conditions that were no less favourable than the applicable national workplace laws and whether it complied with the relevant provisions of the Fair Work Act. This included assessing whether the agreement contained mandatory provisions, such as minimum wages, maximum weekly hours, and provisions for leave entitlements. Additionally, the court had to consider whether the agreement provided adequate protections for employees, particularly regarding redundancy and termination of employment.

The Commission examined the terms of the proposed agreement against the national workplace determinations and found that it met the necessary standards. The agreement contained provisions that were consistent with the applicable minimum entitlements, and it provided for fair and reasonable terms and conditions of employment. The Commission determined that the agreement did not undermine the protection afforded by the national workplace laws and was therefore approved under section 234 of the Fair Work Act. The approval was contingent upon the agreement being registered with the Commission.

The final orders included the approval of the Casey City Council Enterprise Agreement 2017, subject to its registration with the Fair Work Commission. The agreement was to be registered within 28 days of the decision, and upon registration, it would be deemed to have effect from the date of the approval. This decision ensured that the terms and conditions of employment for the employees covered by the agreement were legally compliant and protected their rights.

Casey City Council T/A City of Casey

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established