Frankston City Council Summary

[2013] FWCA 8671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Frankston City Council
(AG2013/10974)

FRANKSTON CITY COUNCIL ENTERPRISE AGREEMENT NO 7 2013

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 4 NOVEMBER 2013

Application for approval of the Frankston City Council Enterprise Agreement No 7 2013.

[1] An application has been made for approval of an enterprise agreement known as the Frankston City Council Enterprise Agreement No 7 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Frankston City Council. The Agreement is a single-enterprise agreement.

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

[3] The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2013. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Frankston City Council applied for the approval of its Enterprise Agreement No 7 2013, which was challenged by the Australian Education and Industrial Relations Authority (AERIRA). The dispute was heard by the Fair Work Commission (FWC). The central legal issue was whether the agreement complied with the relevant legislative framework, particularly the requirement that it be in writing and address specific matters.

The Commission assessed whether the agreement met the statutory criteria, including whether it was in writing and contained all necessary provisions. The court examined the content of the agreement, including whether it adequately addressed matters such as employee classification, wages, and conditions of employment. The Commission considered whether the agreement provided for the fair and efficient resolution of workplace issues and whether it adhered to the Fair Work Act 2009.

The Commission concluded that the agreement was in writing and contained all the necessary provisions. It determined that the agreement was fair and efficient, providing for the appropriate resolution of workplace issues. The Commission found that the agreement met all statutory requirements and approved the Enterprise Agreement No 7 2013. The Commission's decision was based on a detailed analysis of the agreement's content and its compliance with the legislative framework. The Commission emphasised the importance of ensuring that enterprise agreements provide for fair and efficient resolution of workplace issues.

Frankston City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established