DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Frankston City Council
(AG2018/13)

FRANKSTON CITY COUNCIL ENTERPRISE AGREEMENT NO. 8 (2016)

Local government administration
COMMISSIONER WILSON	MELBOURNE, 22 MAY 2018

Application for approval of the Frankston City Council Enterprise Agreement No. 8 (2016).

[1] An application has been made for approval of an enterprise agreement known as the Frankston City Council Enterprise Agreement No. 8 (2016) (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union, The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Nursing and Midwifery Federation 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Frankston City Council, the applicant, the Fair Work Commission was tasked with deciding whether to approve the proposed Enterprise Agreement No. 8 (2016). The agreement in question was negotiated between the council and its employees, as represented by a union. The dispute centred around the terms and conditions outlined within the proposed agreement, specifically whether these terms were fair and reasonable in all respects.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. This required assessing if the agreement provided for fair and reasonable terms and conditions of employment and whether it was consistent with the principles of the National Employment Standards. The Commission also needed to determine if the agreement adhered to the procedural requirements under the Act, including whether proper bargaining had taken place and if the agreement was supported by a sufficient majority of the employees.

Upon reviewing the evidence and submissions from both the council and the union, the Commission concluded that the proposed agreement did meet the statutory criteria for approval. The Commission found that the terms and conditions of the agreement were fair and reasonable, and the bargaining process had been conducted appropriately. The Commission also noted that the majority of the employees had voted in favour of the agreement, thereby satisfying the necessary procedural requirements. As a result, the Commission approved the Frankston City Council Enterprise Agreement No. 8 (2016) as per the request of the council.

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