Glen Eira City Council

[2013] FWCA 8814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glen Eira City Council
(AG2013/9912)

GLEN EIRA SPORTS AND AQUATIC CENTRE ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 8 NOVEMBER 2013

Application for approval of the Glen Eira Sports and Aquatic Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Glen Eira Sports and Aquatic Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise Agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 22 November 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Glen Eira City Council, the applicant sought approval for the Glen Eira Sports and Aquatic Centre Enterprise Agreement 2013. The respondent, the Fair Work Commission, was required to assess the fairness of the agreement and decide whether it complied with the relevant statutory requirements. The application was heard in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the proposed enterprise agreement contained provisions that were unfair, as defined by the Fair Work Act 2009. Specifically, the court needed to determine if certain clauses relating to the employees' working conditions, remuneration, and dispute resolution mechanisms were just and reasonable. Additionally, the court had to consider whether the agreement had been genuinely bargained between the employer and the employees' representatives.

The court examined the application and the contents of the enterprise agreement in detail. It assessed the fairness of the provisions in question, taking into account the principles of procedural and substantive fairness. The court also evaluated whether the agreement had been genuinely negotiated and whether it provided adequate protections for the employees. Ultimately, the court found that the enterprise agreement was fair and complied with the statutory requirements. Consequently, the court approved the application, allowing the Glen Eira Sports and Aquatic Centre Enterprise Agreement 2013 to proceed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established