Stonnington City Council Summary

[2023] FWCA 92

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stonnington City Council

(AG2022/5266)

STONNINGTON CITY COUNCIL ENTERPRISE AGREEMENT NO. 11/2022

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JANUARY 2023

Application for approval of the Stonnington City Council Enterprise Agreement No. 11/2022.

An application has been made for approval of an enterprise agreement known as the Stonnington City Council Enterprise Agreement No. 11/2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stonnington City Council. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Due to typographical errors in the original NERR provided to employees the NERR was reissued 22 days after the notification time. The NERR was therefore not provided to employees within 14 days after the notification time for the Agreement as required by s.173(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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.

I note that Clause 7.2.1(d) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2023. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Stonnington City Council, the applicant sought approval of the Stonnington City Council Enterprise Agreement No. 11/2022. The applicant, being the council, aimed to formalise a collective agreement governing the terms and conditions of employment for its staff. The application was lodged with the Fair Work Commission, which is tasked with overseeing the approval process of such agreements under the Fair Work Act 2009. The central issue before the Commission was whether the agreement complied with the legislative requirements and whether it met the standard of being in the best interests of the employees, considering factors such as fairness, simplicity, and transparency.

The Fair Work Commission examined the agreement to determine if it contained the mandated minimum terms and conditions as stipulated by the Act. Additionally, the Commission assessed whether the agreement was genuinely negotiated and whether it was fair and reasonable in all its aspects. The applicant argued that the agreement was a product of genuine negotiation and that it represented a fair and reasonable outcome for the employees, providing benefits that aligned with the council's operational needs and the employees' welfare. The Commission considered submissions from both the applicant and any relevant employee representatives, focusing on the agreement's provisions and their implications for the workforce.

Upon review, the Fair Work Commission found that the agreement did indeed comply with the statutory requirements and represented a fair and reasonable outcome for the employees. The Commission was satisfied that the agreement had been genuinely negotiated and that it contained all necessary minimum terms and conditions. Furthermore, the Commission was persuaded that the agreement was beneficial to the employees and would facilitate effective workplace relations. Consequently, the Commission approved the Stonnington City Council Enterprise Agreement No. 11/2022, thereby formalising the terms and conditions of employment for the council's staff.

The final orders of the Commission were that the Stonnington City City Council Enterprise Agreement No. 11/2022 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement would commence on a specified date and would apply to the relevant employees until it was terminated or varied in accordance with the Act. This decision marked the formalisation of the employment terms and conditions for the council's staff, providing a clear framework for workplace relations moving forward.

Stonnington City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established