City of Port Phillip T/A Port Phillip City Council

[2023] FWCA 699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Port Phillip T/A Port Phillip City Council

(AG2023/370)

City of Port Phillip Enterprise Agreement 2022

Local government administration
DEPUTY PRESIDENT BELL	MELBOURNE, 3 MARCH 2023

Application for approval of the City of Port Phillip Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the City of Port Phillip Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, City of Port Phillip T/A Port Phillip City Council. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation (ANMF), The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and Australian Municipal, Administrative, Clerical and Services Union (ASU), 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.

The Agreement was approved on 3 March 2023 and, in accordance with s.54 of the Act, will operate from 10 March 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the City of Port Phillip, trading as Port Phillip City Council, for the approval of its proposed Enterprise Agreement for the year 2022. The matter was brought before the Commission in light of the Council's employees, represented by a union, seeking to ensure that the proposed agreement met the requisite standards for fair and equitable employment conditions. The Commission was tasked with assessing whether the agreement adhered to the provisions of the Fair Work Act 2009 and whether it provided a safety net for employees that was at least equivalent to the minimum entitlements set out in applicable awards and registered agreements.

The central legal issues revolved around whether the proposed agreement satisfied the procedural and substantive fairness requirements as stipulated by the Fair Work Act. The Commission had to determine if the agreement was genuinely negotiated and if it contained terms that were fair and reasonable in all aspects, including minimum wages, penalty rates, leave provisions, and other employment conditions. Additionally, the Commission was required to ensure that the agreement did not undermine the safety net provided by existing awards and registered agreements and that it provided for proper consultation and disclosure processes.

In its decision, the Commission carefully reviewed the negotiation process and the contents of the proposed agreement. It found that the agreement was the product of genuine and meaningful negotiations between the City of Port Phillip and the union representatives. The Commission further determined that the terms of the agreement were fair and reasonable, providing employees with conditions that met or exceeded the minimum standards set by applicable awards and registered agreements. The Commission concluded that the proposed agreement was consistent with the objectives of the Fair Work Act and granted approval for the City of Port Phillip Enterprise Agreement 2022. The decision was made with a focus on ensuring that the agreement supported fair and equitable employment practices within the local government sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established