DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Armadale
(AG2016/5730)

CITY OF ARMADALE ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER LEE	MELBOURNE, 19 OCTOBER 2016

Application for approval of the City of Armadale Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Armadale 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 Armadale. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Local Government Racing and Cemeteries Union (LGRCEU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2016. 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 Armadale applied to the Fair Work Commission for approval of its 2016 Enterprise Agreement. The application was contested by the Public Sector Union, which argued that certain terms and conditions within the agreement were not in compliance with relevant industrial instruments and legislation. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved the interpretation and application of the Fair Work Act, particularly sections concerning the approval process for enterprise agreements, and whether the agreement satisfied the "better off overall test" as well as other statutory requirements. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of the employees and the employer.

After reviewing the submissions from both parties, the Commission found that the City of Armadale Enterprise Agreement 2016 complied with the statutory requirements for approval. The Commission concluded that the agreement met the better off overall test, providing overall benefits to the employees that outweighed any detriments. The Commission also determined that the agreement did not contravene any relevant industrial instruments or legislation. Consequently, the application for approval was successful.

The Fair Work Commission approved the City of Armadale Enterprise Agreement 2016, effective from the date of the decision. The agreement was certified as meeting the necessary criteria under the Fair Work Act, thereby allowing it to be implemented between the City of Armadale and the unionised employees.

City of Armadale

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established