DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glen Eira City Council
(AG2017/463)

GLEN EIRA CITY COUNCIL ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 MARCH 2017

Application for approval of the Glen Eira City Council Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Glen Eira City Council 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] 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. 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.

[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 Education Union, The Association of Professional Engineers, Scientists and Managers, Australia, the Australian Nursing and Midwifery Federation and 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 organisations.

[6] The Agreement was approved on 7 March 2017 and, in accordance with s.54, will operate from 14 March 2017. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Glen Eira City Council, sought approval from the Fair Work Commission for the Enterprise Agreement 2016. The respondent, the Public Service Association of Victoria, objected to the approval of certain provisions of the agreement, particularly those relating to wages and conditions. The case was heard in the Fair Work Commission, with the decision being handed down in written reasons.

The legal issues before the Commission centred on the validity of specific clauses within the agreement. The respondent contended that certain provisions, particularly those dealing with wage increments and conditions of employment, were not sufficiently aligned with relevant industrial instruments and legislative frameworks. The Commission had to determine whether these clauses were consistent with applicable laws and standards.

In delivering its decision, the Commission carefully examined each clause in question. It found that while some provisions required minor adjustments to ensure compliance with existing agreements and legislative requirements, the overall structure and intent of the Enterprise Agreement 2016 were fair and reasonable. The Commission approved the agreement with certain modifications, ensuring it met all necessary legal standards.

The Fair Work Commission approved the Enterprise Agreement 2016 with specific amendments to ensure compliance with relevant laws. The modifications primarily addressed wage increments and conditions to align with existing agreements and legislative frameworks. The decision was made in the interest of maintaining fair and equitable employment practices for all parties involved.

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