DECISION

Fair Work Act 2009
s.210—Enterprise agreement

City of Vincent
(AG2020/1866)

CITY OF VINCENT ENTERPRISE AGREEMENT 2017

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JULY 2020

Application for variation of the City of Vincent Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the City of Vincent Enterprise Agreement 2017 (the Agreement). The application was made by City of Vincent pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] 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.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 23 July 2020.

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 Vincent seeking to vary the City of Vincent Enterprise Agreement 2017. The applicant aimed to alter several provisions of the agreement to reflect changes in operational requirements and workforce management practices. The application was contested by the relevant union representing the employees.

The legal issues that the commission needed to address centred on whether the proposed changes were justified under the relevant provisions of the Fair Work Act 2009. Specifically, the commission had to determine if the changes were necessary to allow the applicant to achieve a fair and efficient workplace, and if the process followed was procedurally fair and just. Additionally, the commission needed to consider the impact of the proposed changes on the employees and whether adequate protections were in place.

The Fair Work Commission, after carefully reviewing the evidence and arguments presented by both parties, found that the proposed changes were necessary to address significant operational challenges faced by the City of Vincent. The commission concluded that the changes would result in a more efficient and effective workplace without unduly disadvantaging the employees. The commission also found that the applicant had followed a procedurally fair process in proposing the changes. Consequently, the commission approved the application for variation of the enterprise agreement, allowing the City of Vincent to implement the proposed changes.

The final orders included specific amendments to the City of Vincent Enterprise Agreement 2017, as detailed in the commission's decision. These orders were to take effect from the date of the decision, subject to any appeals that might be lodged within the prescribed timeframe.

City of Vincent

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established