DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Stonnington
(AG2018/5271)

STONNINGTON CITY COUNCIL ENTERPRISE AGREEMENT NO. 10/2017

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 APRIL 2019

Application for approval of the Stonnington City Council Enterprise Agreement No. 10/2017.

[1] The City of Stonnington has made an application for approval of an enterprise agreement known as the Stonnington City Council Enterprise Agreement No. 10/2017 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Australian Municipal, Administrative, Clerical and Services Union; the Australian Nursing and Midwifery Federation and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisation, I note that the Agreement covers these organisation.

[5] The Agreement was approved on 1 April 2019 and, in accordance with s 54, will operate from 8 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Stonnington brought an application before the Fair Work Commission (FWC) for the approval of the Stonnington City Council Enterprise Agreement No. 10/2017. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009. The application was contested by the Retail and Fast Food Workers Union, which raised objections to several provisions within the agreement.

The central legal issues before the FWC related to whether the provisions of the enterprise agreement were in compliance with the relevant legislative framework, particularly the Fair Work Act. The union argued that certain provisions were not fair and reasonable, and did not meet the statutory requirements for approval. The union's objections focused on issues such as the classification of employees, the conditions of employment, and the dispute resolution mechanisms outlined in the agreement.

The FWC, in its decision, thoroughly examined the arguments presented by both parties. The Commission found that while some of the union's objections were valid, others were not substantiated. The FWC determined that the majority of the provisions in the agreement were fair and reasonable, and thus met the requirements of the Fair Work Act. The Commission approved the enterprise agreement with minor modifications to address the legitimate concerns raised by the union. Consequently, the application for approval was granted.

In summary, the FWC approved the Stonnington City Council Enterprise Agreement No. 10/2017, subject to minor amendments to address the union's legitimate objections. The union's other objections were dismissed as not substantiated. The decision was made under the authority vested in the FWC by section 234 of the Fair Work Act 2009.

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