DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port Phillip City Council T/A City of Port Phillip
(AG2017/1154)

CITY OF PORT PHILLIP ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the City of Port Phillip Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Port Phillip City Council T/A City of Port Phillip. 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. 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.

[4] 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.

[5] 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.

[6] A Memorandum of Understanding between the City of Port Phillip and the Australian Municipal, Administrative, Clerical and Services Union dated 22 March 2017 has been provided to the Commission. This Memorandum of Understanding does not form part of this Agreement however has been placed on the file.

[7] The Australian Municipal, Administrative, Clerical and Services Union, The Association of Professional Engineers, Scientists and Managers, Australia and Australian Nursing and Midwifery Federation 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.

[8] The Agreement was approved on 28 April 2017 and, in accordance with s.54, will operate from 5 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the Fair Work Commission, the applicant, Port Phillip City Council T/A City of Port Phillip, sought approval for the City of Port Phillip Enterprise Agreement 2016. The agreement, which was to govern the terms and conditions of employment for certain council employees, was proposed as a replacement for an existing enterprise agreement that was due to expire. The dispute centred around whether the proposed agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement contained all the mandated minimum terms and conditions as stipulated by the Fair Work Act, and whether the agreement had been fairly negotiated. The Commission also considered the implications of the proposed agreement on the rights and protections of the employees involved, ensuring that the agreement did not unfairly disadvantage any party. Furthermore, the Commission examined the process followed by the applicant in negotiating the agreement to ascertain if it adhered to the procedural fairness principles.

In delivering its decision, the Fair Work Commission carefully examined the proposed agreement against the statutory framework and relevant case law. The Commission found that the proposed agreement did indeed contain all the necessary minimum terms and conditions, and that it was negotiated in a manner consistent with procedural fairness. The Commission also concluded that the agreement did not unjustifiably disadvantage any party, and therefore, met the legal criteria for approval. Accordingly, the Commission approved the City of Port Phillip Enterprise Agreement 2016, enabling it to take effect as intended.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The decision confirmed that the agreement was fit for purpose and in compliance with all relevant legislative and procedural requirements, thus facilitating its implementation as the governing document for the specified employees of the Port Phillip City Council.

Port Phillip City Council T/A City of Port Phillip

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established