DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Knox City Council
(AG2019/3443)

KNOX CITY COUNCIL ENTERPRISE AGREEMENT NO. 10, 2019 - 2021

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 2 OCTOBER 2019

Application for approval of the Knox City Council Enterprise Agreement No. 10, 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Knox City Council Enterprise Agreement No. 10, 2019 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Knox City Council. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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, the Australian Nursing and Midwifery Federation and the Association of Professional Engineers, Scientists and Managers, Australia 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, will operate from 9 October 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Knox City Council, which sought approval for its Enterprise Agreement No. 10, 2019 - 2021. The applicant aimed to secure the endorsement of the Enterprise Agreement, which outlined the terms and conditions of employment for its employees over the specified period. The application was heard by the Fair Work Commission, which had the jurisdiction to approve or reject the agreement under the Fair Work Act 2009.

The legal issues before the Court centred on whether the Enterprise Agreement complied with the statutory requirements set out in the Fair Work Act. This included assessing whether the agreement met the procedural fairness requirements, such as proper consultation with the employees and their representatives, and substantive fairness, including the terms and conditions of employment being no less favourable than the applicable award or registered agreement. Additionally, the Court examined whether the agreement provided for appropriate mechanisms for resolving disputes and included provisions for minimum entitlements and protections.

The Court found that the Enterprise Agreement met the procedural fairness requirements as it had been negotiated in good faith and with adequate consultation. Regarding substantive fairness, the Court concluded that the terms and conditions of employment were no less favourable than the applicable award or registered agreement, and the agreement provided for appropriate mechanisms for resolving disputes. The Court also found that the agreement contained provisions for minimum entitlements and protections. Therefore, the Court approved the Enterprise Agreement No. 10, 2019 - 2021.

The Fair Work Commission approved the Enterprise Agreement No. 10, 2019 - 2021, finding it to be in compliance with the statutory requirements of the Fair Work Act. The Court's decision was based on the conclusion that the agreement met the procedural fairness requirements, including proper consultation, and the substantive fairness requirements, such as the terms and conditions of employment being no less favourable than the applicable award or registered agreement. The Court also found that the agreement provided for appropriate mechanisms for resolving disputes and included provisions for minimum entitlements and protections.

Knox 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