City of Port Phillip Trading AS Port Phillip City Council Summary

[2025] FWCA 3026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Port Phillip Trading AS Port Phillip City Council

(AG2025/2846)

CITY OF PORT PHILLIP ENTERPRISE AGREEMENT 2025

Local government administration
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 9 SEPTEMBER 2025

Application for approval of the City of Port Phillip Enterprise Agreement 2025

Introduction

City of Port Phillip (the Employer) has made an application for approval of a single-enterprise agreement known as the City of Port Phillip Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

Section 186, 187 and 188

I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The “Australian Municipal, Administrative, Clerical & Services Union” (ASU), the Association of Professional Engineers, Scientists and Managers Australia (APESMA) and the Australian Nursing and Midwifery Federation (ANMF) being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that each wants the Agreement to cover them. In accordance with s 201(2), I note the Agreement covers the “Australian Municipal, Administrative, Clerical & Services Union” (ASU), the “Association of Professional Engineers, Scientists and Managers Australia” (APESMA) and the “Australian Nursing and Midwifery Federation” (ANMF).

Approval

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case was brought before the Fair Work Commission by the City of Port Phillip Trading as Port Phillip City Council, seeking approval for their proposed Enterprise Agreement for 2025. The applicant aimed to formalise terms and conditions of employment for its employees, and the central issue was whether the proposed agreement complied with the applicable statutory framework and balanced the interests of the employer and employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009 and provided a fair and reasonable outcome for all parties involved.

The legal issues before the Commission included whether the proposed agreement adequately addressed the obligations under the Fair Work Act, particularly concerning minimum entitlements, the process of bargaining, and the provisions for dispute resolution. Furthermore, the Commission needed to assess whether the agreement was made in good faith and whether it included appropriate mechanisms for resolving disputes that might arise in the future. The Commission also considered the balance of the agreement in terms of fairness and reasonableness, taking into account the economic context and the needs of both the employer and the employees.

In its decision, the Commission carefully reviewed the proposed agreement against the statutory criteria and found that the agreement generally complied with the Fair Work Act. The Commission acknowledged the efforts made by both parties to negotiate in good faith and noted that the proposed terms and conditions were fair and reasonable, taking into account the economic context and the interests of the employees. The Commission approved the agreement, recognising the balance achieved between the needs of the employer and the rights of the employees. The decision was based on a detailed analysis of the bargaining process, the content of the agreement, and the context in which it was negotiated.

The Fair Work Commission approved the City of Port Phillip Enterprise Agreement 2025, effective from the date of the decision. The Commission's approval was contingent upon the agreement being implemented in accordance with the Fair Work Act, and it was subject to the standard transition provisions. The Commission also noted that any disputes arising under the agreement would be subject to the dispute resolution processes outlined within the agreement itself.

City of Port Phillip Trading AS Port Phillip City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established