DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Yarra
(AG2018/6480)

YARRA CITY COUNCIL ENTERPRISE AGREEMENT 2017 - 2020

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 APRIL 2019

Application for approval of the Yarra City Council Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Yarra City Council Enterprise Agreement 2017 - 2020 (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 Yarra. 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, 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 Association of Professional Engineers, Scientists and Managers, Australia, the Australian Education Union, the Australian Nursing and Midwifery Federation and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the City of Yarra sought approval of its Enterprise Agreement 2017-2020. The application was brought under the Fair Work Act 2009, with the City of Yarra acting as the employer and the Municipal and Shire Officers Union representing the employees. The primary dispute centred on whether the terms of the proposed agreement met the statutory requirements for approval under the Act.

The court was tasked with determining if the agreement appropriately balanced the interests of both the employer and the employees. Key issues included whether the agreement provided for fair remuneration and working conditions, and if it complied with the provisions of the Fair Work Act. The court also had to consider if the agreement included provisions for dispute resolution and if it adhered to the principles of good faith bargaining.

The Fair Work Commission found that the proposed agreement met the necessary statutory criteria. The Commission concluded that the agreement provided for fair terms and conditions, and it complied with the requirements of the Act. The Commission noted that the agreement included provisions for dispute resolution and was the outcome of good faith bargaining. The Commission approved the Enterprise Agreement 2017-2020, subject to its registration with the Fair Work Commission.

City of Yarra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established