DECISION

Fair Work Act 2009
s.210—Enterprise agreement

City of Vincent
(AG2020/1867)

CITY OF VINCENT ENTERPRISE AGREEMENT - RANGERS 2018

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 JULY 2020

Application for variation of the City of Vincent Enterprise Agreement – Rangers 2018.

[1] An application has been made for approval of a variation to the City of Vincent Enterprise Agreement – Rangers 2018 (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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

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

[5] In accordance with s.216 of the Act, the variation operates from 14 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the City of Vincent to vary the Enterprise Agreement for Rangers 2018. The application was made under the Fair Work Act 2009 and was heard by the Fair Work Commission. The respondents to the application were the relevant union representatives and the employees affected by the proposed changes. The City of Vincent sought to alter the terms of the Enterprise Agreement to accommodate new operational requirements, which included changes to work hours, duties, and conditions of employment.

The primary legal issues before the Commission were whether the proposed changes were justified under the statutory criteria for varying an enterprise agreement and whether the application process had been conducted in a fair and transparent manner. The Commission had to consider whether the changes were necessary to allow the City of Vincent to meet its operational needs, whether the changes were reasonable in all the circumstances, and if appropriate consultation had occurred with the relevant parties.

The Commission found that the City of Vincent had demonstrated that the changes were necessary to accommodate its operational requirements and that the proposed changes were reasonable. The Commission also concluded that the application process had been conducted fairly and transparently, with adequate consultation provided to the respondents. Accordingly, the application to vary the Enterprise Agreement was approved. The Commission emphasised the importance of ensuring that any changes to an Enterprise Agreement are both necessary and reasonable, and that the process for making such changes is conducted in a fair and transparent manner.

The final orders of the Commission included the approval of the City of Vincent's application to vary the Enterprise Agreement for Rangers 2018, with the specific changes outlined in the application to take effect as per the terms and conditions set out in the amended agreement. The Commission also directed that appropriate consultation and notification processes be followed to inform the affected employees of the changes.

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