DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whitehorse City Council
(AG2019/2317)

WHITEHORSE CITY COUNCIL COLLECTIVE AGREEMENT 2019

Local government administration
COMMISSIONER JOHNS	MELBOURNE, 15 AUGUST 2019

Application for approval of the Whitehorse City Council Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Whitehorse City Council Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Whitehorse City Council. 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 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU), Australian Nursing and Midwifery Federation (ANMF) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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 22 August 2019. The nominal expiry date of the Agreement is 21 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Whitehorse City Council, the respondent, applied to the Fair Work Commission for approval of the Whitehorse City Council Collective Agreement 2019, which was intended to govern the terms and conditions of employment for certain employees. The applicant, the respondent's employees, opposed the approval of the agreement on the grounds that it failed to adequately protect the employees' rights and interests. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement provided for the minimum terms and conditions of employment as mandated by law, including provisions for minimum wages, leave entitlements, and other essential conditions. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it was free from any invalid provisions that could render it non-compliant.

The Commission examined the provisions of the agreement and found that it largely met the requirements for approval. It was determined that the agreement included the necessary minimum terms and conditions, and that it was made in good faith. However, the Commission identified certain sections of the agreement that did not comply with the statutory requirements, particularly those related to shift penalties. These provisions were deemed to be invalid, but the Commission concluded that their removal did not undermine the overall validity of the agreement. Consequently, the Commission approved the agreement with the invalid provisions removed, ensuring that it met the necessary standards for protection of the employees' rights and interests.

The Fair Work Commission approved the Whitehorse City Council Collective Agreement 2019, with certain provisions related to shift penalties removed. This decision ensured that the agreement complied with the statutory requirements for approval and provided adequate protection for the employees' rights and interests. The approval of the agreement was subject to the condition that the removed provisions would be subject to further negotiation between the parties to ensure compliance with the law.

Whitehorse City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established