DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glen Eira City Council
(AG2019/253)

GLEN EIRA LEISURE ENTERPRISE AGREEMENT 2018

Local government administration
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 JULY 2019

Application for approval of the Glen Eira Leisure Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Glen Eira Leisure Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Glen Eira City Council (Employer). 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.

[3] Subject to the undertakings, 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Glen Eira City Council, sought approval for the Glen Eira Leisure Enterprise Agreement 2018, which was to govern the employment terms of its employees. The application was contested by the respondents, who argued that the proposed agreement failed to adequately address certain issues, including those related to employee benefits, working conditions, and procedural fairness in dispute resolution. The case was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009, particularly in relation to the provisions on employee entitlements and procedural fairness. The Commission had to determine if the agreement met the necessary standards for approval, including whether it provided for fair and reasonable terms of employment and if it ensured procedural fairness in the resolution of workplace disputes.

The Fair Work Commission found that, while the proposed agreement contained most of the necessary provisions, it fell short in several areas, particularly regarding procedural fairness in dispute resolution. The Commission noted that the agreement did not adequately outline the steps for resolving disputes, which is a critical aspect of ensuring fair treatment in the workplace. Consequently, the Commission rejected the application for approval and directed the parties to return to negotiations to address these deficiencies. The final orders required the Council and the respondents to re-engage in good faith to amend the agreement and resubmit it for approval, ensuring it complied with all statutory requirements.

Glen Eira 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