DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Greater Dandenong City Council T/A City of Greater Dandenong
(AG2016/2193)

GREATER DANDENONG CITY COUNCIL ENTERPRISE BARGAINING AGREEMENT (EBA) 2015

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 4 FEBRUARY 2016

Application for approval of the Greater Dandenong City Council Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Greater Dandenong City Council Enterprise Bargaining Agreement 2015 (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. 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 Australian Municipal, Administrative, Clerical and Services Union, Australian Nursing and Midwifery Federation and The Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 11 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Greater Dandenong City Council, which was seeking approval for its Enterprise Bargaining Agreement from 2015. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for endorsement. The council argued that the agreement was fair and reasonable, while the opposition raised concerns about specific provisions and their implications for employees.

The primary legal issue before the Commission was whether the Enterprise Bargaining Agreement satisfied the requirements set out in the Fair Work Act 2009. This included assessing whether the agreement provided for the fair and efficient resolution of workplace issues, and whether it included appropriate mechanisms for the resolution of disputes between the council and its employees. Additionally, the Commission needed to consider whether the agreement adequately balanced the interests of both the council and its employees, particularly in light of any submissions or objections raised during the hearing.

In its decision, the Fair Work Commission found that the Greater Dandenong City Council Enterprise Bargaining Agreement 2015 met the necessary criteria for approval. The Commission noted that the agreement provided for the fair and efficient resolution of workplace issues, and included appropriate mechanisms for the resolution of disputes. While acknowledging the concerns raised by the opposition, the Commission determined that these issues could be adequately addressed through the provisions of the agreement, and did not warrant rejection. Consequently, the Commission approved the agreement, finding that it was fair and reasonable in all circumstances.

The final orders of the Commission included the approval of the Greater Dandenong City Council Enterprise Bargaining Agreement 2015, subject to any minor modifications made to address the concerns raised during the hearing. The agreement was to be implemented in accordance with the terms and conditions set out within, and the Commission's decision provided a framework for the resolution of any future disputes that may arise between the council and its employees.

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