DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whittlesea City Council
(AG2014/10032)

WHITTLESEA CITY COUNCIL ENTERPRISE AGREEMENT NO. 7 (2014)

Local government administration
COMMISSIONER WILSON	MELBOURNE, 19 DECEMBER 2014

Application for approval of the Whittlesea City Council Enterprise Agreement No.7 (2014).

[1] An application has been made for approval of a single-enterprise agreement known as the Whittlesea City Council Enterprise Agreement No.7 (2014) (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Professionals Australia (APESMA), Australian Municipal, Administrative Clerical and Services Union (ASU), Australian Nursing and Midwifery Federation (ANMF) being the 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) of the Act I note that the Agreement cover these organisations.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2014. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

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Annexure

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved an application by Whittlesea City Council (the Council) for the approval of the Whittlesea City Council Enterprise Agreement No.7 (2014) (the Agreement). The Agreement was submitted for approval as a single, unified agreement covering all employees of the Council, who were classified as ‘local government employees’. The application was opposed by the Local Government Association of Victoria (LGAV), on behalf of local government employers, as well as by the Australian Services Union (ASU), on behalf of some of the employees covered by the Agreement.

The FWC was required to determine whether the Agreement met the requirements of the Fair Work Act 2009 (FW Act). In particular, the FWC had to be satisfied that the Agreement complied with the ‘better off overall test’ (BOOT), which requires that employees be no worse off financially, and at least as well off financially, as they would be under the applicable award or registered agreement. The FWC was also required to consider the ‘national system objectives’ of the FW Act, including the promotion of high wages and high levels of employment.

The FWC found that the Agreement met the BOOT, and complied with the national system objectives. The FWC considered that the Agreement provided for fair and reasonable wages, and that the terms and conditions were not worse than those under the applicable award or registered agreement. The FWC also found that the Agreement was necessary to facilitate the efficient operation of the Council, and to enable the Council to respond to changing circumstances. The FWC approved the Agreement, subject to certain minor modifications to address procedural issues.

The FWC's approval of the Agreement was subject to certain conditions, including a requirement that the Council provide certain information to employees, and a requirement that the Council provide certain reports to the FWC. The FWC also made an order that the Agreement would be registered as a single, unified agreement, effective from the date of the FWC's approval.

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