DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Darebin City Council
(AG2018/7397)

DAREBIN CITY COUNCIL ENTERPRISE AGREEMENT 2018 - 2022

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 16 APRIL 2019

Application for approval of the Darebin City Council Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Darebin City Council Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Darebin City Council. 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers, Australia 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 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Darebin City Council applied for the approval of the Enterprise Agreement 2018-2022. The application was opposed by the Australian Services Union (ASU) and the Community and Public Sector Union (CPSU), who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement provided for the proper management of the Council, complied with the enterprise bargaining process, and included appropriate provisions for employee protections and workplace relations.

The Commission found that the agreement provided for the proper management of the Council, with clear roles and responsibilities outlined for both management and employees. The Commission also determined that the agreement complied with the enterprise bargaining process, with the parties having engaged in good faith negotiations and the agreement meeting the better-off-overall test. However, the Commission found that the agreement did not include appropriate provisions for employee protections and workplace relations, with some clauses potentially undermining the rights of employees. As a result, the Commission made orders varying certain clauses of the agreement to ensure compliance with the Fair Work Act.

The Commission's decision highlights the importance of ensuring that enterprise agreements provide for the proper management of an organisation, comply with the enterprise bargaining process, and include appropriate provisions for employee protections and workplace relations. Employers should take care to ensure that their agreements meet these requirements to avoid potential disputes and legal challenges.

Darebin City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established