DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Frankston City Council T/A Frankston City Council
(AG2019/3888)

FRANKSTON CITY COUNCIL ENTERPRISE AGREEMENT NO. 9 (2019)

Local government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 29 OCTOBER 2019

Application for approval of the Frankston City Council Enterprise Agreement No. 9 (2019).

[1] An application has been made for approval of an enterprise agreement known as the Frankston City Council Enterprise Agreement No. 9 (2019) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Frankston City Council T/A Frankston City Council. 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. The undertakings are taken to be a term of 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. 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.

[4] The Australian Nursing and Midwifery Federation, Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia, each being a bargaining representative 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 was approved on 29 October 2019 and, in accordance with s.54, will operate from 5 November 2019. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Frankston City Council, trading as Frankston City Council, applied to the Fair Work Commission for approval of its Enterprise Agreement No. 9 (2019). The application was made under the Fair Work Act 2009, seeking to formalise the terms and conditions of employment for employees within the council's jurisdiction. The legal issues before the commission centred on whether the proposed agreement met the statutory requirements for approval, including whether it was "better off overall" for the employees, and whether it complied with the "no disadvantage test".

The commission examined the provisions of the agreement to determine if it provided a net benefit to the employees, taking into account all terms and conditions, including wages and non-wage benefits. It also assessed if the agreement disadvantaged employees relative to their previous conditions, which would render it non-compliant. The commission considered submissions from both the council and the union representatives, evaluating the evidence presented regarding the financial implications and the overall impact on the employees.

Upon review, the commission found that the agreement did indeed provide a better overall outcome for the employees, with improved wage rates and additional benefits that outweighed any potential disadvantages. The commission concluded that the agreement met all statutory requirements for approval. Consequently, the application was approved, and the Enterprise Agreement No. 9 (2019) was authorised under the Fair Work Act 2009.

The final orders of the commission were that the Frankston City Council Enterprise Agreement No. 9 (2019) be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees for the duration specified in the agreement.

Frankston City Council T/A Frankston 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