DECISION

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

Kingston City Council
(AG2017/5073)

KINGSTON CITY COUNCIL ENTERPRISE AGREEMENT NO.8, 2017

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 FEBRUARY 2018

Application for approval of the Kingston City Council Enterprise Agreement No. 8, 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kingston City Council Enterprise Agreement No. 8, 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kingston City Council. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2018. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Kingston City Council, the applicant, a local government body, applied to the Fair Work Commission for approval of its Enterprise Agreement No. 8, 2017. The dispute centred around the procedural fairness of the process by which the agreement was negotiated and whether the agreement itself complied with the relevant legislative requirements under the Fair Work Act 2009. The respondent, the Australian Council of Trade Unions, contested the application on grounds that the negotiation process was not conducted fairly and that the agreement did not meet the statutory standards.

The legal issues before the Fair Work Commission included whether the applicant had acted in a procedurally fair manner during the negotiation process, and whether the agreement satisfied the criteria for approval as stipulated in the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, and if it provided for the efficient determination of disputes. The Commission also had to consider whether the agreement included minimum terms and conditions of employment as required by law.

The Fair Work Commission found that the applicant had indeed acted in a procedurally fair manner during the negotiation process, ensuring that all parties had an opportunity to express their views and that these views were considered appropriately. Furthermore, the Commission determined that the Enterprise Agreement met all the necessary criteria for approval under the Fair Work Act. It was made in good faith, provided for the efficient determination of disputes, and included the requisite minimum terms and conditions of employment. Consequently, the application was approved, and the Enterprise Agreement was registered.

As a result of this decision, the Fair Work Commission approved the Kingston City Council Enterprise Agreement No. 8, 2017, and ordered that it be registered. This outcome confirmed the agreement as a valid and enforceable contract between the council and its employees, effective from the date of registration.

Kingston 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