City of Stonnington

[2014] FWCA 1840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Stonnington
(AG2014/450)

STONNINGTON CITY COUNCIL ENTERPRISE AGREEMENT NO. 8/2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 18 MARCH 2014

Application for approval of the Stonnington City Council Enterprise Agreement No. 8/2013.

[1] An application has been made for approval of an enterprise agreement known as the Stonnington City Council Enterprise Agreement No. 8/2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union, The Association of Professional Engineers, Scientists and Managers, Australia, and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers each organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 25 March 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of City of Stonnington, the applicant, Stonnington City Council, sought approval from the Fair Work Commission for Enterprise Agreement No. 8/2013. The respondent, the Australian Council of Trade Unions, challenged the application, arguing that certain provisions of the agreement did not meet the requirements for approval under the Fair Work Act 2009. The matter was heard by the Commission in Melbourne, presided over by Deputy President G Maher.

The primary legal issues that the Commission had to address were whether the proposed enterprise agreement contained all the terms required by section 235 of the Fair Work Act and whether it complied with the good faith bargaining requirement under section 228. Additionally, the Commission had to consider if the agreement provided for a fair and efficient process for resolving any disputes that might arise.

The Commission found that the proposed enterprise agreement met all the necessary requirements for approval. It included all the mandated terms and was the product of good faith bargaining. Furthermore, the agreement established a reasonable and efficient process for resolving disputes. The Commission approved the application, emphasising the importance of such agreements in maintaining harmonious industrial relations and ensuring fair treatment for both employers and employees.

The Commission made an order approving the Enterprise Agreement No. 8/2013, effective from the date of the decision. The agreement is to be registered with the Fair Work Commission, and the parties are required to comply with its terms. The approval is subject to the ongoing obligation of the parties to engage in good faith bargaining and to follow the dispute resolution process outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established