Knox City Council

[2016] FWCA 2869

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Knox City Council

(AG2016/527)

KNOX CITY COUNCIL ENTERPRISE AGREEMENT NO. 9 - 2015

Local government administration

COMMISSIONER LEE

MELBOURNE, 9 MAY 2016

Application for approval of the Knox City Council Enterprise Agreement No. 9 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Knox City Council Enterprise Agreement No. 9 - 2015 (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] 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] 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.

[5] 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.
[2016] FWCA 2869

[6] The Agreement was approved on 9 May 2016 and, in accordance with s.54, will

operate from 16 May 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2869

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by Knox City Council to approve the Knox City Council Enterprise Agreement No. 9 - 2015. This agreement, referred to as the Agreement, is a single enterprise agreement that was made in accordance with section 185 of the Fair Work Act 2009. The application was filed by the Council, and the Agreement was meant to be approved by the Commission. The Agreement's primary goal was to govern the working conditions for employees within the local government administration sector.

The legal issues that the Commission had to resolve included whether the Agreement met all the requirements outlined in sections 186, 187, 188, and 190 of the Fair Work Act, and if the written undertakings provided by the Council would not result in any financial detriment to the employees or substantial changes to the Agreement. Additionally, the Commission had to ensure that the Agreement covered the bargaining representatives, which were the Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation, and The Association of Professional Engineers, Scientists and Managers, Australia.

The Commission, after carefully reviewing the application and the written undertakings, concluded that the Agreement met all the necessary requirements under the Fair Work Act. The undertakings provided by the Council would not cause any financial detriment to the employees or result in substantial changes to the Agreement. Moreover, the Agreement was deemed to cover the bargaining representatives, as required by section 201(2) of the Fair Work Act. Consequently, the Commission approved the Agreement on 9 May 2016, and it came into effect on 16 May 2016, with a nominal expiry date of 31 December 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established