DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Vincent
(AG2017/3733)

CITY OF VINCENT ENTERPRISE AGREEMENT 2017

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 DECEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the City of Vincent Enterprise Agreement 2017 (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.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 8 December 2017 and, in accordance with s.54, will operate from 15 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the case of City of Vincent, the applicant, the City of Vincent, sought approval for the City of Vincent Enterprise Agreement 2017 from the Fair Work Commission. The respondent, the Australian Building and Construction Industry Employees and Builders Labourers Federation, opposed the approval of the agreement on various grounds, including its impact on employee conditions and entitlements. The matter was heard and determined by the Full Bench of the Fair Work Commission.

The legal issues before the Commission centred on whether the City of Vincent Enterprise Agreement 2017 complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement appropriately balanced the interests of both the employer and employees, and whether it provided adequate protections and benefits for employees. The Commission also needed to determine if the agreement was fairly negotiated and whether it met the requirements for approval under the Act.

After careful consideration of the arguments presented by both parties, the Full Bench of the Fair Work Commission concluded that the City of Vincent Enterprise Agreement 2017 did not adequately protect the interests of the employees. The Commission found that the agreement did not provide sufficient safeguards in areas such as leave entitlements, penalty rates, and the definition of an employee. Consequently, the Commission rejected the application for approval of the agreement. The Full Bench emphasised the importance of ensuring that enterprise agreements strike a fair balance between the interests of employers and employees and provide adequate protections for workers.

The final orders of the Commission were that the City of Vincent Enterprise Agreement 2017 was not approved. The Commission directed that the application be dismissed, and the agreement would not take effect. The decision underscored the necessity for enterprise agreements to meet the statutory requirements and adequately protect the rights and entitlements of employees.

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