DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Cambridge
(AG2018/6479)

TOWN OF CAMBRIDGE EMPLOYEES’ COLLECTIVE AGREEMENT 2018

Local government administration
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 2 APRIL 2019

Application for approval of the Town of Cambridge Employees’ Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Town of Cambridge Employees’ Collective Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Town of Cambridge. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings, 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union, and Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Town of Cambridge sought approval for the Town of Cambridge Employees’ Collective Agreement 2018 from the Fair Work Commission (FWC). The Town of Cambridge Employees’ Union was involved in the negotiations of the agreement, which covered various terms and conditions of employment for the employees. The dispute centred on whether the FWC should approve the agreement, considering the parties' submissions and relevant legislation.

The primary legal issue before the FWC was whether the collective agreement complied with the Fair Work Act 2009 (Cth) and whether it met the criteria for approval under section 234 of the Act. The Union argued that the agreement was fair and reasonable, while the Town of Cambridge contended that certain provisions were not consistent with the statutory requirements.

The FWC examined the submissions from both parties and considered the statutory provisions. The Commission found that the agreement largely met the requirements for approval, with minor amendments necessary to address non-compliance with certain provisions. The FWC made orders approving the agreement, subject to the specified amendments, and directed the parties to implement those changes.

The FWC's decision resulted in the approval of the Town of Cambridge Employees’ Collective Agreement 2018, with specific modifications to ensure compliance with the Fair Work Act. The Union and the Town of Cambridge were directed to implement the required changes within the stipulated timeframe.

Town of Cambridge

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established