DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glen Eira City Council
(AG2017/1399)

GLEN EIRA SPORTS AND AQUATIC CENTRE ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 5 MAY 2017

Application for approval of the Glen Eira Sports and Aquatic Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Glen Eira Sports and Aquatic Centre Enterprise Agreement 2016 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 5 May 2017 and, in accordance with s.54, will operate from 12 May 2017. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Glen Eira City Council, represented by its Chief Executive Officer, brought an application before the Fair Work Commission seeking approval of the Glen Eira Sports and Aquatic Centre Enterprise Agreement 2016. The applicant argued that the agreement provided for appropriate terms and conditions of employment for the employees covered by it, and that the agreement complied with the statutory requirements under the Fair Work Act 2009. The applicant also submitted that the agreement was fair and reasonable, and that it had been negotiated in good faith.

The legal issues before the Commission were whether the agreement provided for appropriate terms and conditions of employment, whether it complied with the statutory requirements under the Fair Work Act, and whether it was fair and reasonable. The Commission considered whether the agreement contained all the required terms and conditions, whether it complied with the minimum entitlements set out in the Act, and whether it had been negotiated in good faith. The Commission also considered whether the agreement was fair and reasonable, having regard to the nature of the enterprise, the nature of the employees, and the economic circumstances.

The Commission found that the agreement provided for appropriate terms and conditions of employment, and that it complied with the statutory requirements under the Fair Work Act. The Commission also found that the agreement had been negotiated in good faith, and that it was fair and reasonable. The Commission noted that the agreement contained all the required terms and conditions, and that it provided for minimum entitlements that were not less favourable than those set out in the Act. The Commission also noted that the agreement took into account the nature of the enterprise, the nature of the employees, and the economic circumstances.

The Commission approved the agreement and made an order to that effect. The order is effective from the date of the decision and is binding on all parties covered by the agreement. The order also provides for the agreement to be registered with the Fair Work Commission.

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