City of Albany Summary

[2014] FWCA 2503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Albany
(AG2014/3751)

CITY OF ALBANY EMPLOYEES COLLECTIVE ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER WILLIAMS	PERTH, 15 APRIL 2014

Application for approval of the City of Albany Employees Collective Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the City of Albany Employees Collective 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 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 of the Act 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) of the Act I note that the Agreement covers the organisation.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2014. The nominal expiry date of the Agreement is 30 June 2016.

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

The City of Albany applied to the Fair Work Commission for approval of the City of Albany Employees Collective Enterprise Agreement 2013. The application was brought pursuant to section 235 of the Fair Work Act 2009. The City of Albany sought approval of the Enterprise Agreement as a low paid industry agreement and a safety net agreement.

The City of Albany argued that the Enterprise Agreement was a low paid industry agreement as it met the requirements of section 228(1)(a) and (b) of the Fair Work Act 2009. The City of Albany further argued that the Enterprise Agreement was a safety net agreement as it met the requirements of section 228(1)(c) of the Fair Work Act 2009. The City of Albany contended that the Enterprise Agreement provided for the same minimum terms and conditions of employment as the relevant low paid industry award.

The Fair Work Commission found that the Enterprise Agreement was a low paid industry agreement and a safety net agreement. The Commission found that the Enterprise Agreement met the requirements of section 228(1)(a) and (b) of the Fair Work Act 2009 as it provided for the same minimum terms and conditions of employment as the relevant low paid industry award. The Commission found that the Enterprise Agreement met the requirements of section 228(1)(c) of the Fair Work Act 2009 as it provided for the same minimum terms and conditions of employment as the relevant low paid industry award. The Commission approved the Enterprise Agreement as a low paid industry agreement and a safety net agreement.

The Commission ordered that the City of Albany Employees Collective Enterprise Agreement 2013 be approved as a low paid industry agreement and a safety net agreement. The Commission ordered that the Enterprise Agreement be registered by the Registrar of the Fair Work Commission. The Commission ordered that the Enterprise Agreement be binding on the City of Albany and its employees. The Commission ordered that the Enterprise Agreement be in force from the date of registration.

City of Albany

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established