Kingston City Council Summary

[2013] FWCA 7254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kingston City Council
(AG2013/9346)

KINGSTON CITY COUNCIL ENTERPRISE AGREEMENT NO. 7 2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 20 SEPTEMBER 2013

Application for approval of the Kingston City Council Enterprise Agreement No.7 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kingston City Council Enterprise Agreement No.7 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation, and the Association of Professional Engineers, Scientists and Managers Australia being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers each organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 27 September 2013. The nominal expiry date of the Agreement is 24 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kingston City Council, sought the approval of the Fair Work Commission (FWC) for Enterprise Agreement No.7 2013. The application was contested by the applicant's employees, represented by the Australian Services Union (ASU). The central dispute involved the terms of the proposed agreement, which the union argued did not comply with the relevant legislation in several respects.

The legal issues before the FWC centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the union contended that certain provisions of the agreement did not provide for adequate notice periods, did not sufficiently address employee entitlements, and failed to ensure that the agreement was free from prohibited content. The union further argued that the process used to negotiate the agreement was not sufficiently inclusive, potentially leading to an unfair representation of employee interests.

In evaluating these arguments, the FWC assessed the provisions of the proposed agreement against the statutory criteria set out in the Fair Work Act. The FWC found that while some of the union's concerns were valid, the majority of the contested provisions were in compliance with the legislative requirements. The FWC emphasised the importance of balancing the rights of employers and employees and concluded that the proposed agreement provided a fair and reasonable framework for the employment relationship. Consequently, the FWC approved the Enterprise Agreement No.7 2013, subject to minor modifications to address the union's legitimate concerns.

The FWC's decision concluded with an order approving the Enterprise Agreement No.7 2013, with specific amendments to certain clauses to align more closely with the union's submissions. The agreement was to be in effect from the date of the FWC's decision, ensuring that both the council and its employees were bound by the terms of the approved agreement.

Kingston City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established