DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Victoria Park
(AG2016/6757)

TOWN OF VICTORIA PARK ENTERPRISE AGREEMENT 2016

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 DECEMBER 2016

Application for approval of the Town of Victoria Park Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Town of Victoria Park 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 Town of Victoria Park. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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; 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 wants the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 22 December 2016 and, in accordance with s.54, will operate from 29 December 2016. The nominal expiry date of the Agreement is 22 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Town of Victoria Park, a local government authority in Western Australia, sought approval of its 2016 Enterprise Agreement. The dispute arose between the Town and the Australian Building and Construction Commission (ABCC) over whether certain provisions in the Agreement were consistent with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the provisions complied with the relevant legislative framework and, if not, whether the public interest considerations outweighed the statutory non-compliance.

The primary legal issue before the Commission was whether specific provisions in the Enterprise Agreement contravened the Fair Work Act. The Commission had to consider whether these provisions were in line with the statutory requirements, including the need for fair and reasonable terms that did not undermine the core protections provided by the Act. Additionally, the Commission had to weigh the public interest factors against the statutory non-compliance to decide if the benefits of approving the Agreement outweighed the legislative breaches.

In examining the provisions in question, the Commission determined that they did not align with the requirements of the Fair Work Act. Despite this, the Commission concluded that the public interest considerations, such as the need for efficient and effective local government operations, outweighed the statutory non-compliance. The Commission found that approving the Agreement would serve the public interest by ensuring the continuity and stability of local government services, thus granting the application for approval.

The Commission approved the Town of Victoria Park Enterprise Agreement 2016, notwithstanding the statutory non-compliance, on the basis that the public interest considerations justified the approval. The Commission's decision highlights the balance required between statutory compliance and public interest factors in such cases.

Town of Victoria Park

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established