City of Armadale

[2022] FWCA 494

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Armadale

(AG2022/61)

City of Armadale Enterprise Agreement 2021

Local government administration
COMMISSIONER MCKINNON	SYDNEY, 14 FEBRUARY 2022

Application for approval of the City of Armadale Enterprise Agreement 2021.

The City of Armadale has applied for approval of a single enterprise agreement known as the City of Armadale Enterprise Agreement 2021 (the Agreement).

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.

The Agreement is approved and will operate from 21 February 2022. The nominal expiry date of the Agreement is 30 December 2023.

The Agreement covers the Australian Manufacturing Workers’ Union, the Australian Municipal, Administrative, Clerical and Services Union and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union (LGRCEU).

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for approval of the City of Armadale Enterprise Agreement 2021. The applicant, the City of Armadale, sought the approval of the Fair Work Commission (FWC) for the proposed agreement, which was intended to govern the employment conditions of its staff. The FWC was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement contained provisions that were compliant with the relevant legislative framework and whether it was in the best interests of the employees.

The primary legal issue before the FWC was whether the City of Armadale Enterprise Agreement 2021 satisfied the requirements of the Fair Work Act, particularly sections concerning the fairness and flexibility of the agreement. The FWC had to assess whether the agreement provided for a fair and flexible working environment, offered appropriate protections for employees, and did not unfairly disadvantage any party. Additionally, the FWC needed to consider if the agreement appropriately balanced the interests of both the employer and the employees.

In making its decision, the FWC examined the terms of the proposed agreement in detail. The FWC found that the agreement contained provisions that met the statutory criteria for approval. The FWC considered that the agreement was fair and flexible, provided adequate protections for employees, and balanced the interests of both parties. The FWC concluded that the agreement was in the best interests of the employees and approved the City of Armadale Enterprise Agreement 2021.

The FWC issued an order approving the City of Armadale Enterprise Agreement 2021, effective from the date of the decision. The agreement was to apply to all employees of the City of Armadale who were covered by the agreement, and the terms were to be incorporated into the employment contracts of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established