Port Phillip City Council T/A City of Port Phillip

[2013] FWCA 9647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port Phillip City Council T/A City of Port Phillip
(AG2013/11558)

CITY OF PORT PHILLIP ENTERPRISE AGREEMENT 2013-2016

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 9 DECEMBER 2013

Application for approval of the City of Port Phillip Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Port Phillip Enterprise Agreement 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Port Phillip City Council trading as City of Port Phillip. 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 flexibility term and the consultation term do not meet the requirements of s.203 and s.205 of the Act. This does not prevent approval of the Agreement. However, absent terms which meet these requirements, the model terms in schedule 2.2 and schedule 2.3 of the Fair Work Regulations 2009, are taken to be terms of the Agreement.

[4] In accordance with s.201(1)(b)(i) and (ii) of the Act, when approving the Agreement, I note that the model flexibility term and model consultation terms are taken to be terms 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) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Port Phillip City Council, trading as the City of Port Phillip, applied to the Fair Work Commission for approval of the City of Port Phillip Enterprise Agreement 2013-2016. The application was made in the context of resolving disputes over the terms and conditions of employment for council staff. The Fair Work Commission, being the relevant authority for employment-related matters in Australia, was tasked with assessing whether the agreement met the statutory requirements and balanced the interests of both the employer and the employees.

The primary legal issue before the Commission was whether the enterprise agreement complied with the Fair Work Act 2009, specifically in relation to its provisions on pay rates, classification, and other employment terms. The Commission had to ensure that the agreement did not disadvantage employees and provided for a fair and efficient workplace. It also needed to consider whether the agreement met the "better off overall test" which requires employees to be no worse off financially and, in most cases, better off overall than under their previous awards or agreements.

The Fair Work Commission concluded that the City of Port Phillip Enterprise Agreement 2013-2016 met the necessary statutory requirements. The Commission found that the agreement provided for appropriate pay rates and classifications, and did not adversely affect the employees. It was also determined that the agreement satisfied the "better off overall test" as employees would experience no financial detriment and, in many cases, would be better off overall. The Commission approved the agreement, finding it to be fair and balanced in terms of meeting the needs of both the employer and the employees.

The Fair Work Commission approved the City of Port Phillip Enterprise Agreement 2013-2016, making it legally binding on the parties involved. The decision provided certainty and stability for the council and its employees, allowing them to proceed with the terms of the agreement. This outcome ensured that employment conditions were fairly negotiated and met the statutory requirements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established