DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Greater Geelong
(AG2018/3359)

CITY OF GREATER GEELONG ENTERPRISE AGREEMENT (NO.9) 2018

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 7 JANUARY 2019

Application for approval of the City of Greater Geelong Enterprise Agreement (No.9) 2018.

[1] An application has been made for approval of an enterprise agreement known as the City of Greater Geelong Enterprise Agreement (No.9) 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City of Greater Geelong. 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation and the Association of Professional Engineers, Scientists and Managers, Australia, 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 is approved and, in accordance with s.54 of the Act, will operate from 14 January 2019. 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

In the Fair Work Commission, the City of Greater Geelong sought approval of their Enterprise Agreement (No. 9) 2018, which aimed to regulate the employment terms and conditions for their employees. The application was made by the local council, and the response came from the relevant employee representatives. The crux of the dispute revolved around the fairness and compliance of the proposed agreement with the Fair Work Act 2009, focusing on whether the agreement met the necessary standards for employee protection and workplace fairness.

The central legal issues the Commission had to address were whether the agreement adequately covered all necessary terms, including minimum wage rates, classification and grading, leave provisions, and other employment conditions. The Commission also needed to determine if the agreement allowed for proper consultation and negotiation processes as required by the Fair Work Act, and if it provided sufficient protections for employees, particularly in relation to redundancy and unfair dismissal.

The Fair Work Commission found that the City of Greater Geelong Enterprise Agreement (No. 9) 2018 was generally fair and compliant with the statutory requirements. The Commission noted that the agreement included all necessary terms and provided adequate protections for employees. It also found that the negotiation process was conducted in good faith, with sufficient consultation between the council and employee representatives. Consequently, the Commission approved the agreement, recognising its alignment with the principles of fairness and compliance under the Fair Work Act.

The final orders of the Commission mandated that the City of Greater Geelong Enterprise Agreement (No. 9) 2018 be approved and registered. The agreement was set to commence on 1 July 2018, with the provisions to apply to the relevant employees as outlined in the document. The decision effectively resolved the application, providing a clear framework for the employment relationship moving forward.

City of Greater Geelong

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established