DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Stonnington
(AG2016/4204)

STONNINGTON CITY COUNCIL ENTERPRISE AGREEMENT NO. 9/2016

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 19 SEPTEMBER 2016

Application for approval of the Stonnington City Council Enterprise Agreement No. 9/2016.

[1] An application has been made for approval of an enterprise agreement known as the Stonnington City Council Enterprise Agreement No. 9/2016 (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 Stonnington. 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 Association of Professional Engineers, Scientists and Managers, Australia, Australian Nursing and Midwifery Federation 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 is approved and, in accordance with s.54 of the Act, will operate from 26 September 2016. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were the Stonnington City Council and the applicant, who sought approval of the Stonnington City Council Enterprise Agreement No. 9/2016. The applicant, representing the council's employees, aimed to secure the terms and conditions of employment outlined in the agreement, which included matters such as wages, working hours, leave entitlements, and dispute resolution mechanisms. The application was heard by the Fair Work Commission, Australia's independent statutory body responsible for resolving workplace disputes and promoting fair work practices.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest, whether it had been genuinely negotiated, and if it complied with the relevant provisions of the Act. The Commission also had to consider whether the agreement provided fair and reasonable terms for both the employees and the council, ensuring that it did not undermine industrial relations principles and standards.

In assessing the application, the Commission reviewed the negotiation process, the content of the agreement, and its implications for both parties. The Commission found that the agreement was genuinely negotiated, contained fair and reasonable terms, and did not undermine the industrial relations system. Furthermore, the Commission concluded that the agreement was in the public interest, as it promoted stability and productivity within the council. Accordingly, the Commission approved the Stonnington City Council Enterprise Agreement No. 9/2016, and it came into effect as of the specified commencement date.

The Fair Work Commission approved the Stonnington City Council Enterprise Agreement No. 9/2016, recognising the agreement as genuinely negotiated and in the public interest. The decision highlights the importance of adhering to statutory requirements and the Commission's role in ensuring fair and reasonable terms for both employees and employers within the industrial relations framework.

City of Stonnington

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established