Glen Eira City Council

[2023] FWCA 2217

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Glen Eira City Council

(AG2023/2108)

GLEN EIRA LEISURE ENTERPRISE AGREEMENT 2022

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 18 JULY 2023

Application for approval of the Glen Eira Leisure Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Glen Eira Leisure Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glen Eira City Council. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 25 July 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Glen Eira City Council was involved in an application seeking approval of the Glen Eira Leisure Enterprise Agreement 2022. This application was made to the Fair Work Commission, which has jurisdiction over matters related to workplace relations and employment agreements. The primary nature of the dispute centred around whether the proposed terms and conditions outlined in the agreement were fair and reasonable, and whether they complied with the statutory requirements under the Fair Work Act 2009.

The key legal issues before the Commission involved the interpretation of the statutory criteria for approving enterprise agreements, as well as whether the agreement met the requirements for being a "low risk" agreement under the Fair Work Act. The Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, taking into account the principles of the safety net and the broader public interest. Additionally, the Commission had to determine if the agreement appropriately balanced the interests of both employees and employers.

In its decision, the Commission found that the proposed agreement met the statutory criteria for approval. It considered the agreement to be fair and reasonable, as it provided for terms and conditions that were not less favourable than the relevant awards or safety net provisions. The Commission also found that the agreement was a "low risk" agreement, as it did not contain any terms that would undermine the safety net or the broader objectives of the Fair Work Act. The Commission concluded that the agreement appropriately balanced the interests of both employees and employers and was in the best interests of the parties involved.

The Fair Work Commission approved the Glen Eira Leisure Enterprise Agreement 2022, and the decision was made effective from the date of the Commission's decision. The agreement was deemed to be compliant with the requirements of the Fair Work Act and was authorised for operation within the Glen Eira City Council. This decision provided certainty and clarity for both the council and its employees, ensuring that the terms and conditions of employment were fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established