DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hobsons Bay City Council
(AG2021/5603)

HOBSONS BAY CITY COUNCIL ENTERPRISE AGREEMENT 2021

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 JULY 2021

Application for approval of the Hobsons Bay City Council Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hobsons Bay City Council Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hobsons Bay City Council. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.4(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation and the Australian Municipal, Administrative, Clerical and Services Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2021. The nominal expiry date of the Agreement is 4 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hobsons Bay City Council, sought approval of the Enterprise Agreement 2021 from the Fair Work Commission. The agreement was intended to govern the employment terms and conditions of certain council employees. The matter was heard by Commissioner K. J. Simmonds.

The primary legal issue for determination was whether the proposed Enterprise Agreement 2021 met the requirements of the Fair Work Act 2009, including whether it provided for the "better off overall test" and whether it included appropriate provisions for the protection of employees' rights. Additionally, the court needed to consider whether the agreement adhered to the relevant industrial instruments and whether it contained any provisions that might be considered contrary to public policy.

In delivering the decision, Commissioner Simmonds examined the agreement in detail, considering the submissions from both the council and the unions involved. The Commissioner found that the agreement met all statutory requirements, including the better off overall test, and that it provided adequate protections for employees. The agreement was also found to be consistent with relevant industrial instruments and did not contain any provisions contrary to public policy. Accordingly, the Commissioner approved the Enterprise Agreement 2021.

The Fair Work Commission approved the Hobsons Bay City Council Enterprise Agreement 2021, confirming its compliance with the Fair Work Act 2009, and all relevant industrial instruments. The agreement was found to meet the better off overall test and protect employee rights adequately. The decision concluded that the agreement did not contain any provisions contrary to public policy.

Hobsons Bay 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