DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Albany
(AG2016/7567)

CITY OF ALBANY COLLECTIVE ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2017

Application for approval of the City of Albany Collective Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Albany Collective Enterprise Agreement 2016 (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] The Applicant 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 referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Albany sought approval of the City of Albany Collective Enterprise Agreement 2016, which was a dispute between the council and the employees. The Fair Work Commission (FWC) was the tribunal tasked with considering the application.

The central legal issue was whether the agreement was in compliance with the Fair Work Act 2009, specifically focusing on whether it met the criteria for a modern award, and whether the negotiation process was fair and in good faith. The FWC needed to determine if the agreement was consistent with the statutory provisions governing enterprise agreements and the obligations of the parties under the Act.

The FWC examined the evidence and submissions from both parties, focusing on the negotiation process and the content of the agreement. The commission found that the negotiation process was conducted in good faith and that the agreement met the criteria for a modern award. The FWC considered the agreement to be fair and reasonable, taking into account the nature of the work, the economic circumstances, and the overall impact on the employees and the council. The commission approved the agreement, finding it to be compliant with the relevant statutory requirements.

The FWC's final order was that the City of Albany Collective Enterprise Agreement 2016 be approved and registered, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement and would remain in force until it was terminated, varied, or replaced by a new agreement.

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