DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Melville
(AG2015/2780)

CITY OF MELVILLE LEISUREFIT ENTERPRISE BARGAINING AGREEMENT 2014

Local government administration
COMMISSIONER LEE	MELBOURNE, 1 JUNE 2015

Application for approval of the City of Melville LeisureFit Enterprise Agreement Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the City of Melville LeisureFit Enterprise Agreement Bargaining Agreement 2014 (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 Melville. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Melville LeisureFit Enterprise Agreement Bargaining Agreement 2014 application was heard by the Fair Work Commission. The dispute arose over the proposed enterprise agreement between the City of Melville and its employees, represented by LeisureFit. The agreement aimed to govern the terms and conditions of employment for the employees, but faced opposition from the City of Melville regarding certain provisions.

The central legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The City of Melville contested the fairness of specific provisions related to remuneration, working hours, and redundancy entitlements. The Commission had to determine if these provisions were consistent with the statutory criteria for a fair and equitable agreement.

In reaching its decision, the Fair Work Commission considered the statutory requirements under the Fair Work Act and the broader context of industrial relations. The Commission found that the agreement, while containing some contentious provisions, was generally fair and reasonable. The Commission emphasised the importance of maintaining a balance between the interests of employers and employees. Ultimately, the Commission approved the agreement, acknowledging that while some provisions were challenging for the City of Melville, they were necessary to ensure fair treatment for the employees. The Commission's decision was based on the overall fairness of the agreement and its alignment with the principles of the Fair Work Act.

The final orders of the Commission were to approve the City of Melville LeisureFit Enterprise Agreement Bargaining Agreement 2014, subject to the specific terms and conditions outlined in the agreement. The Commission's approval was contingent upon the agreement being implemented in accordance with the statutory requirements and industrial relations principles.

City of Melville

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established