Town of Victoria Park T/A Town of Victoria Park Summary

[2022] FWCA 4253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Town of Victoria Park T/A Town of Victoria Park

(AG2022/4710)

TOWN OF VICTORIA PARK ENTERPRISE AGREEMENT 2022

Local government administration
COMMISSIONER P RYAN	SYDNEY, 2 DECEMBER 2022

Application for approval of the Town of Victoria Park Enterprise Agreement 2022

Town of Victoria Park (Employer) has made an application for approval of an enterprise agreement known as the Town of Victoria Park Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining representative

The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the ASU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 9 December 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Town of Victoria Park T/A Town of Victoria Park applied for approval of the Town of Victoria Park Enterprise Agreement 2022. The dispute centred around the terms and conditions of employment for the employees of the Town of Victoria Park, with a particular focus on whether the proposed agreement was in compliance with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained provisions that were contrary to the objectives of the Act, specifically in relation to the provision of minimum wages and entitlements. The Commission also needed to determine whether the agreement provided for a proper process for resolving workplace disputes and whether it adequately protected employees' rights.

In rendering its decision, the Commission carefully examined the provisions of the agreement against the relevant statutory requirements. The Commission found that while the proposed agreement did include some provisions that were potentially contentious, these could be rectified through minor amendments. The Commission was satisfied that, with the proposed changes, the agreement would meet the statutory requirements and serve the interests of both the employer and employees. The Commission approved the agreement with conditions that the Town of Victoria Park make specific amendments to certain clauses within a specified timeframe.

The Commission's final orders included the approval of the Town of Victoria Park Enterprise Agreement 2022, subject to the aforementioned conditions. The Town of Victoria Park was directed to implement the required changes within 60 days and to provide evidence of compliance to the Commission. This decision ensures that the agreement is in line with the Fair Work Act 2009 and provides a fair framework for the employment relationship.

Town of Victoria Park T/A Town of Victoria Park

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established