Melbourne City Council

[2013] FWCA 9822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne City Council
(AG2013/11870)

MELBOURNE CITY COUNCIL ENTERPRISE AGREEMENT, 2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 16 DECEMBER 2013

Application for approval of the Melbourne City Council Enterprise Agreement, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne City Council Enterprise Agreement, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Association of Professional Engineers, Scientists and Managers, Australia, the Australian Nursing and Midwifery Federation, and the Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers each organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 23 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Melbourne City Council, sought approval for the 2013 Enterprise Agreement from the Fair Work Commission. The agreement pertained to the terms and conditions of employment for its employees. The application was contested by the Australian Services Union, which represented a portion of the council's workforce. The dispute centred on several aspects of the proposed agreement, including wages, working conditions, and procedural fairness in the negotiation process.

The legal issues before the Commission were whether the proposed agreement met the requirements set out in the Fair Work Act 2009, specifically concerning procedural fairness and the substantive terms of the agreement. The Commission needed to determine if the negotiation process was fair and if the terms proposed were reasonable in the context of contemporary employment standards. This involved examining the evidence provided by both parties regarding the negotiation process and the content of the agreement.

The Commission found that the negotiation process had been generally fair, although there were some procedural shortcomings that did not significantly impact the overall fairness. Regarding the substantive terms, the Commission held that while some aspects of the agreement could be improved, the overall terms were reasonable and met the legislative standards. Consequently, the application for approval was successful. The Commission's decision was based on a balance of the evidence and the application of the relevant legal standards.

The Fair Work Commission approved the Melbourne City Council Enterprise Agreement, 2013, subject to certain conditions designed to address the identified procedural shortcomings. The decision was communicated to both parties, and the agreement entered into force as approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established