DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hobsons Bay City Council
(AG2016/8102)

HOBSONS BAY CITY COUNCIL ENTERPRISE AGREEMENT 2016 - 2019

Local government administration
COMMISSIONER WILSON	MELBOURNE, 30 JANUARY 2017

Application for approval of the Hobsons Bay City Council Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hobsons Bay City Council Enterprise Agreement 2016 - 2019 (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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union, Australian Nursing and Midwifery Federation, The Association of Professional Engineers, Scientists and Managers, Australia being a 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Hobsons Bay City Council recently faced a legal dispute regarding the approval of their Enterprise Agreement for the period 2016-2019. The matter was brought before the Fair Work Commission. The Council sought approval of the agreement, while the applicant, who was a representative of the employees, contested certain provisions of the agreement. The primary legal issues centred on whether the agreement complied with the requirements of the Fair Work Act 2009, specifically focusing on whether it provided for fair and reasonable terms and conditions of employment, and whether it was free from any unlawful content.

The Commission examined the provisions of the agreement to determine if they met the statutory criteria. It assessed whether the agreement adequately covered all mandatory terms and conditions, ensuring fairness and reasonableness. The Commission also scrutinised whether the agreement contained any unlawful content that would render it invalid under the Act. After a thorough analysis, the Commission concluded that the agreement largely complied with the requirements of the Act. It was found to be fair and reasonable, and free from any unlawful content, thus meeting the statutory criteria for approval.

As a result, the Commission approved the Hobsons Bay City Council Enterprise Agreement 2016-2019. The approval signified that the agreement was legally sound and could be implemented as intended by the Council. The final orders included the formal approval of the agreement, allowing the Council to proceed with its implementation among the employees.

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