DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whittlesea City Council
(AG2017/5685)

WHITTLESEA CITY COUNCIL ENTERPRISE AGREEMENT NO. 8 (2017)

Local government administration
COMMISSIONER WILSON	MELBOURNE, 21 MAY 2018

Application for approval of the Whittlesea City Council Enterprise Agreement No.8 (2017)..

[1] An application has been made for approval of an enterprise agreement known as the Whittlesea City Council Enterprise Agreement No.8 (2017). (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Whittlesea City Council. 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, 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, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2018. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Whittlesea City Council, the applicants sought approval of the Whittlesea City Council Enterprise Agreement No.8 (2017) from the Fair Work Commission. The dispute involved the terms and conditions of employment for employees of the Whittlesea City Council, including matters such as wages, working hours, and leave entitlements. The case was heard in the Fair Work Commission, which has the jurisdiction to approve and register enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. This included whether the agreement met the statutory requirements for good faith bargaining, and whether it contained terms and conditions that were fair and reasonable. The Commission also had to determine whether the agreement provided for the appropriate consultation processes and whether it adequately protected the interests of employees.

The Commission found that the proposed agreement met the statutory requirements for good faith bargaining and contained terms and conditions that were fair and reasonable. The Commission noted that the agreement had been negotiated in good faith and that appropriate consultation processes had been followed. The Commission also found that the agreement provided adequate protection for the interests of employees, including provisions for wages, working hours, and leave entitlements. Accordingly, the Commission approved the Whittlesea City Council Enterprise Agreement No.8 (2017).

The Fair Work Commission approved the Whittlesea City Council Enterprise Agreement No.8 (2017) and registered it under the Fair Work Act. The approved agreement is now legally binding on the parties and will govern the terms and conditions of employment for the employees of the Whittlesea City Council.

Whittlesea 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