DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wyndham City Council
(AG2019/2164)

WYNDHAM CITY COUNCIL ENTERPRISE AGREEMENT NO 8, 2019

Local government administration
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 9 SEPTEMBER 2019

Application for approval of the Wyndham City Council Enterprise Agreement No 8, 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wyndham City Council Enterprise Agreement No 8, 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wyndham City Council (Employer). 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, 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. The undertakings are taken to be a term of the agreement.

[4] The Australian Services Union, the 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the Wyndham City Council and the applicant, who sought approval for the Wyndham City Council Enterprise Agreement No 8, 2019. The applicant, representing the employees of the council, sought to have the enterprise agreement approved by the Fair Work Commission, which would then be binding on the council and its employees. The dispute centred on whether the agreement contained provisions that were contrary to public policy or otherwise unenforceable.

The central legal issue before the court was whether certain provisions in the enterprise agreement were consistent with the Fair Work Act 2009 and public policy. The applicant argued that the provisions in question were necessary to ensure fair and equitable treatment of the employees, while the council contended that some provisions were beyond the scope of the agreement and contravened public policy by attempting to regulate conduct outside the employment relationship.

The court examined the provisions of the agreement and found that while some provisions were indeed beyond the scope of an enterprise agreement, others were permissible and did not contravene public policy. The court emphasised the importance of ensuring that enterprise agreements remain within the bounds of the Fair Work Act and do not encroach on areas that are better regulated by other means, such as legislation or industrial awards. Ultimately, the court approved the agreement with some modifications to ensure compliance with the law.

The court ordered that the Wyndham City Council Enterprise Agreement No 8, 2019 be approved with specific amendments to ensure compliance with the Fair Work Act and public policy. The modifications included removing certain clauses that were found to be outside the scope of the agreement, as well as altering others to ensure they did not contravene public policy. The agreement, as amended, was to be binding on the council and its employees, providing a framework for their employment relationship going forward.

Wyndham 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