Yarra City Council Summary

[2013] FWCA 10044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra City Council
(AG2013/11964)

CITY OF YARRA ENTERPRISE AGREEMENT: 2013-2017

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 19 DECEMBER 2013

Application for approval of the City of Yarra Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the City of Yarra Enterprise Agreement: 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[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 Australian Education Union, Australian Municipal, Administrative, Clerical and 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 each given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers each organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 26 December 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Yarra City Council, applied to the Fair Work Commission for the approval of the City of Yarra Enterprise Agreement 2013-2017. The applicant sought to have the agreement approved as a registered agreement under the Fair Work Act 2009, which would make it a legally binding contract between the Council and the employees covered by the agreement. The dispute arose from negotiations between the Council and the employees over the terms of the agreement, which were not resolved through the usual bargaining process.

The key legal issues before the Commission were whether the agreement met the requirements for registration under the Fair Work Act, and whether it was made in good faith and without coercion. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the principles of the Fair Work Act. The Commission also examined whether the agreement was made in accordance with the relevant industrial relations laws, including the requirement for the agreement to be certified by an independent third party.

The Commission found that the agreement met the requirements for registration under the Fair Work Act. The Commission was satisfied that the agreement was made in good faith and without coercion, and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement was consistent with the principles of the Fair Work Act, and that it was made in accordance with the relevant industrial relations laws. The Commission certified the agreement as a registered agreement, which means that it is a legally binding contract between the Council and the employees covered by the agreement.

The Commission made an order approving the City of Yarra Enterprise Agreement 2013-2017 as a registered agreement under the Fair Work Act. The agreement will now be binding on all employees covered by it, and the Council will be required to comply with its terms and conditions. The agreement will remain in force until it is terminated or replaced by a new agreement.

Yarra City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established