Glen Eira City Council Summary

[2013] FWCA 5762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glen Eira City Council
(AG2013/7451)

GLEN EIRA CITY COUNCIL ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER WILSON	MELBOURNE, 15 AUGUST 2013

Application for approval of the Glen Eira City Council Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Glen Eira City Council Enterprise Agreement 2013 (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.

[3] The Association of Professional Engineers, Scientists and Managers, Australia, Australian Municipal, Administrative, Clerical and Services Union – Victorian & Tasmanian Authorities & Services Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2013. The nominal expiry date of the Agreement is Thursday 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Glen Eira City Council sought approval of their 2013 Enterprise Agreement, which outlined the terms and conditions of employment for their employees. The application was brought before the Fair Work Commission (FWC) to ensure that the agreement met the requirements set forth in the Fair Work Act 2009. The legal issues at hand were whether the agreement provided adequate safeguards for employees' rights and whether it complied with the relevant provisions of the Act.

The FWC examined the provisions of the agreement to determine if it met the standards of the Fair Work Act. This included assessing whether the agreement provided adequate protections for employee rights, such as minimum wages and conditions, and whether it adhered to the procedural fairness requirements. The FWC also considered the bargaining process through which the agreement was negotiated to ensure that it was genuinely agreed upon by both parties.

After thorough examination, the FWC found that the agreement did indeed meet all the legal requirements. The FWC noted that the agreement provided for fair terms and conditions of employment, and that the bargaining process was conducted in good faith. The FWC approved the agreement, stating that it was in the best interests of the employees and the council.

The FWC ordered that the Glen Eira City Council Enterprise Agreement 2013 be approved and registered with the Fair Work Commission. This decision ensured that the agreement would be legally binding and enforceable, providing a framework for the employment relationship between the council and its employees.

Glen Eira City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established