DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greater Dandenong City Council T/A City of Greater Dandenong
(AG2018/5954)

GREATER DANDENONG CITY COUNCIL ENTERPRISE BARGAINING AGREEMENT (EA) 2018

Local government administration
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 MARCH 2019

Application for approval of the Greater Dandenong City Council Enterprise Bargaining Agreement (EA) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Greater Dandenong City Council Enterprise Bargaining Agreement (EA) 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greater Dandenong City Council T/A City of Greater Dandenong. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] 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.

[6] The Australian Municipal, Administrative, Clerical and Services Union, The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Nursing and Midwifery Federation, 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 organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Greater Dandenong City Council, which applied for approval of its Enterprise Bargaining Agreement (EBA) 2018. The dispute centred around whether the proposed EBA met the statutory requirements and adhered to the principles of good faith bargaining. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the council had genuinely attempted to negotiate in good faith, whether the proposed EBA met the minimum standards set by the Fair Work Act, and whether the agreement was consistent with the applicable awards and regulations. The Commission also had to consider whether the EBA provided for the minimum entitlements and conditions of employment, including wages, leave, and other benefits.

The Commission found that the Greater Dandenong City Council had indeed engaged in genuine negotiations, fulfilling its obligations under the Fair Work Act. The proposed EBA was deemed to comply with the statutory requirements, providing for the minimum entitlements and conditions of employment as prescribed by the Act. The Commission was satisfied that the agreement was consistent with the applicable awards and regulations, and it approved the EBA 2018. The Council was required to implement the approved agreement in accordance with the terms and conditions set out therein.

The Commission's final order was that the Greater Dandenong City Council Enterprise Bargaining Agreement 2018 be approved, with the council required to give effect to the approved agreement within the specified timeframe. This decision provided clarity and certainty for both the council and its employees, ensuring that the terms of employment were in line with the statutory requirements and the principles of good faith bargaining.

Greater Dandenong City Council T/A City of Greater Dandenong

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established