Knox City Council

[2023] FWCA 1745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Knox City Council

(AG2023/1701)

KNOX CITY COUNCIL ENTERPRISE AGREEMENT #11 2023-2026

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JUNE 2023

Application for approval of the Knox City Council Enterprise Agreement #11 2023-2026

Knox City Council has made an application for approval of an enterprise agreement known as the Knox City Council Enterprise Agreement #11 2023-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Australian Nursing and Midwifery Federation (ANMF), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by 201(2), I note that the Agreement covers the ASU and ANMF.

The Agreement was approved on 16 June 2023 and, in accordance with s 54, it will operate from 23 June 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Knox City Council and the Office of the Australian Building and Construction Commission (OABCIC). The matter involved an application for approval of the Knox City Council Enterprise Agreement #11 2023-2026, which was to be reviewed and approved by the Fair Work Commission (FWC). The FWC was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the FWC was whether the proposed enterprise agreement contained terms that were contrary to the public interest or the general principles of the Act. Specifically, the FWC had to assess whether certain provisions in the agreement, which aimed to regulate the terms and conditions of employment for council employees, complied with the requirements of the Act and did not conflict with broader public interest considerations.

The FWC determined that the proposed enterprise agreement did not contain any terms that were contrary to the public interest or the general principles of the Fair Work Act. After thorough examination of the agreement, the FWC found that it adhered to the legislative requirements and did not include any provisions that would negatively impact the public interest. Consequently, the FWC approved the application for the agreement's approval, affirming that the terms and conditions set forth within it were fair and reasonable for the employees of the Knox City Council.

In light of the FWC's decision, the Knox City Council Enterprise Agreement #11 2023-2026 was approved, and the agreement became effective as of the stipulated date. The FWC's approval ensures that the agreement will govern the employment terms and conditions for the council's employees, providing a clear framework for both the employees and the council to operate within.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established