DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Yarra City Council
(AG2020/2237)

YARRA CITY COUNCIL ENTERPRISE AGREEMENT 2017 - 2020

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 AUGUST 2020

Application for variation of the Yarra City Council Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of a variation to the Yarra City Council Enterprise Agreement 2017 - 2020 (the Agreement). The application was made by Yarra City Council pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
16 April 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 19 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Yarra City Council and its employees, with the dispute centred around the application for a variation of the Enterprise Agreement 2017-2020. The application was heard by the Fair Work Commission. The council sought a variation to the agreement to address changes in the operational environment, including financial pressures and the impact of the COVID-19 pandemic.

The primary legal issues before the Commission were whether the proposed changes to the Enterprise Agreement were fair and reasonable, and whether they complied with the requirements of the Fair Work Act 2009. The Commission had to consider the financial viability of the council, the need for operational efficiencies, and the impact of the changes on the employees. The Commission also needed to assess whether the proposed changes were necessary and reasonable in the circumstances.

In its decision, the Commission found that the proposed changes were necessary and reasonable given the financial and operational challenges faced by the council. The Commission noted the significant financial pressures on Yarra City Council and the impact of the COVID-19 pandemic on its operations. It concluded that the changes were necessary to ensure the financial sustainability of the council and the continued provision of essential services. The Commission also considered the impact on employees, finding that the proposed changes were fair and reasonable, taking into account the need for operational efficiencies and the council's financial situation.

The Commission approved the variation to the Enterprise Agreement, allowing Yarra City Council to implement the changes as proposed. The decision provided clarity and certainty to both the council and its employees, enabling the council to address its financial challenges while ensuring the continued provision of essential services to the community.

Yarra 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