DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Albany
(AG2019/3378)

CITY OF ALBANY ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER WILLIAMS	PERTH, 15 OCTOBER 2019

Application for approval of the City of Albany Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the City of Albany Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City of Albany. The Agreement is a single enterprise agreement.

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

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the City of Albany, seeking approval for the Enterprise Agreement 2019. The dispute centred on the terms of employment and conditions outlined in the proposed agreement. The City of Albany sought to formalise these terms to regulate the employment of its workers effectively. The Fair Work Commission was tasked with reviewing the application and determining whether the agreement met the necessary legal standards for approval.

The legal issues before the Commission included whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically concerning the coverage of employees, the fairness of the terms and conditions, and the procedural correctness of the application. Additionally, the Commission needed to assess if the agreement appropriately balanced the interests of both the City of Albany and its employees.

The Commission deliberated on the provisions of the Fair Work Act, considering the need for the agreement to be free from unfair provisions and to be made in good faith. It also evaluated the procedural fairness of how the agreement was negotiated and presented. After a thorough examination, the Commission concluded that the agreement met all the necessary legal criteria. It was deemed fair, balanced, and appropriately negotiated, and thus approved the City of Albany Enterprise Agreement 2019.

No further orders were required as the Commission's approval of the agreement concluded the matter. The decision effectively formalised the terms of employment for the workers under the City of Albany, providing a clear and legally binding framework for their working conditions.

City of Albany

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established