Glen Eira City Council

[2023] FWCA 938

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Glen Eira City Council

(AG2023/569)

GLEN EIRA CITY COUNCIL ENTERPRISE AGREEMENT 2022

Local government administration
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 MARCH 2023

Application for approval of the Glen Eira City Council Enterprise Agreement 2022

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

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union, The Association of Professional Engineers, Scientists and Managers, Australia, the Australian Nursing and Midwifery Federation and the Australian Education Union, each being a bargaining representative for the Agreement, have given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 April 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Glen Eira City Council was the subject of an application for the approval of the Enterprise Agreement 2022. The matter involved the terms and conditions of employment for employees within the council, including issues related to wages, hours of work, and other employment provisions. The Council's employees had entered into negotiations with the Council, resulting in the proposed agreement which was now subject to the Commission's scrutiny.

The central legal issues before the Commission were whether the Enterprise Agreement 2022 complied with the statutory requirements of the Fair Work Act 2009, including whether it met the "better off overall test" (BOOT) as required by section 233 of the Act. This test ensures that employees are not worse off financially by being subject to the terms of the agreement compared to their previous terms of employment. Additionally, the Commission examined whether the agreement complied with relevant industrial awards and whether it contained any unfair terms as defined under section 232 of the Act.

The Commission considered the submissions from both the Council and the employees' representatives, analysing the proposed terms of the agreement against the statutory criteria. The Commission determined that the Enterprise Agreement 2022 met the BOOT, as it provided overall benefits to the employees, including wage increases and improved working conditions. The Commission also found that the agreement did not include any unfair terms and was consistent with the relevant industrial awards. Consequently, the Commission approved the Enterprise Agreement 2022, recognising it as a lawful and fair agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established