City of Vincent Summary

[2018] FWCA 5847

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

City of Vincent

(AG2018/4938)

City of Vincent Enterprise Agreement - Rangers 2018

Local government administration
Deputy President Masson	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the City of Vincent Enterprise Agreement - Rangers 2018.

An application has been made for approval of an enterprise agreement known as the City of Vincent Enterprise Agreement - Rangers 2018 (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 Vincent. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Vincent, represented by the local government authority, sought approval for the Enterprise Agreement - Rangers 2018 from the Fair Work Commission. The applicant argued that the proposed agreement was fair and reasonable, as required by the Fair Work Act 2009. The applicant sought to have the agreement registered and made binding on the relevant employees. The matter was heard in the Fair Work Commission, which had jurisdiction under the Fair Work Act to approve the proposed agreement.

The key legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Act, specifically that it was fair and reasonable. The Commission had to consider whether the agreement was appropriate for the employees it covered, including whether it provided for adequate remuneration, conditions of employment, and other benefits. The Commission also had to consider whether the agreement complied with any relevant awards or other industrial instruments.

The Commission found that the proposed agreement met the criteria for approval. The applicant had demonstrated that the agreement provided for fair and reasonable remuneration and conditions of employment for the relevant employees. The Commission noted that the agreement included provisions for adequate pay rates, leave entitlements, and other benefits, as well as provisions for the protection of employees' health and safety. The Commission was also satisfied that the agreement complied with any relevant awards or other industrial instruments. Accordingly, the Commission approved the proposed agreement and made it binding on the relevant employees.

The Commission made an order approving the City of Vincent Enterprise Agreement - Rangers 2018 and registering it under the Fair Work Act. The order also provided that the agreement would come into effect on the first day of the month following its registration. The applicant was directed to take all necessary steps to give effect to the approved agreement, including by providing copies of the agreement to relevant employees and by ensuring that it was properly implemented.

City of Vincent

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Background to the litigation

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Legal Principle Established