Anne Lake Consultancy Summary

[2014] FWCA 2004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anne Lake Consultancy
(AG2014/520)

THE CITY OF CANNING ALL OF STAFF ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER WILLIAMS	PERTH, 27 MARCH 2014

Application for approval of The City of Canning All Of Staff Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The City of Canning All Of Staff Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anne Lake Consultancy. 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 Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Anne Lake Consultancy sought the approval of The City of Canning All Of Staff Enterprise Agreement 2013. The respondent, The City of Canning, contested the application on various grounds, including concerns about the agreement's compliance with the Fair Work Act 2009. The dispute came before the Fair Work Commission, which was tasked with determining whether the agreement should be approved.

The central legal issue was whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it contained the necessary minimum terms, and if it complied with any relevant modern awards or other industrial instruments. The Commission also needed to assess whether the agreement was appropriately certified by the relevant certifier and whether it met the criteria for approval under the Act.

In reaching its decision, the Commission examined the evidence and arguments presented by both parties. The Commission found that the agreement substantially complied with the statutory requirements, noting that while there were some minor deficiencies, these did not undermine the overall validity of the agreement. The Commission emphasised the importance of good faith in the negotiation and making of the agreement and found that the agreement was made in good faith. It also confirmed that the agreement contained the necessary minimum terms and that it complied with relevant modern awards and industrial instruments. The Commission ultimately decided that the agreement met the criteria for approval under the Fair Work Act 2009.

As a result, the Commission approved The City of Canning All Of Staff Enterprise Agreement 2013, subject to certain conditions and modifications. The agreement was to be registered with the Fair Work Commission, and both parties were directed to take such steps as necessary to implement the agreement effectively. The decision was binding on both the applicant and the respondent, and the agreement was to have effect as a registered agreement from the date of the Commission's decision.

Anne Lake Consultancy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established