Knox City Council

[2013] FWCA 558

FAIR WORK COMMISSION

DECISION

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

Knox City Council
(AG2012/13163)

KNOX CITY COUNCIL ENTERPRISE AGREEMENT NO. 8 - 2012

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 23 JANUARY 2013

Application for approval of the Knox City Council Enterprise Agreement No. 8 - 2012.

[1] An application has been made for approval of an enterprise agreement known as the Knox City Council Enterprise Agreement No. 8 - 2012 (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 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, Australian Nursing 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Knox City Council, sought approval of their Enterprise Agreement No. 8 - 2012 from the Fair Work Commission. The respondents, the Public Sector Union of Australia and the Community and Public Sector Union, opposed the application on various grounds, including that the agreement did not meet the requirements for good faith bargaining under the Fair Work Act 2009. The matter was heard by the Full Bench of the Fair Work Commission.

The legal issues before the court involved determining whether the applicants had engaged in good faith bargaining with the respondents and whether the proposed agreement was fair and reasonable. The respondents argued that the applicants had failed to provide them with necessary information and had not negotiated in good faith. The applicants contended that they had acted in good faith and that the proposed agreement was fair and reasonable.

The Full Bench of the Fair Work Commission found that the applicants had engaged in good faith bargaining with the respondents. The court held that the applicants had provided the necessary information to the respondents and had negotiated in good faith. The court also found that the proposed agreement was fair and reasonable and met the requirements of the Fair Work Act 2009. The application for approval of the Enterprise Agreement No. 8 - 2012 was therefore approved.

The court's decision was based on the evidence presented by both parties and the legal principles established by previous case law. The Full Bench of the Fair Work Commission found that the applicants had acted in good faith and that the proposed agreement was fair and reasonable. The application for approval of the Enterprise Agreement No. 8 - 2012 was therefore approved, and the agreement will now be in force for the duration specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established