City of Armadale

[2013] FWCA 5192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Armadale
(AG2013/7667)

CITY OF ARMADALE ENTERPRISE AGREEMENT 2013

Local government administration
DEPUTY PRESIDENT MCCARTHY	PERTH, 31 JULY 2013

Application for approval of the City of Armadale Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the City of Armadale Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards 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.

[5] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the City of Armadale, sought approval for the City of Armadale Enterprise Agreement 2013 from the Fair Work Commission. The agreement, which was to be in effect for a period of four years, outlined terms and conditions for employees covered under the local government industry. The applicant submitted that the agreement was fair and reasonable, meeting the criteria for approval as set out in the Fair Work Act 2009. The dispute arose from objections raised by certain employee representatives regarding specific provisions within the agreement, which they argued did not adequately protect employee interests.

The primary legal issue before the court was whether the City of Armadale Enterprise Agreement 2013 was fair and reasonable, as required by section 234 of the Fair Work Act 2009. The court was required to assess the agreement against the provisions of the Act, particularly focusing on the fairness of the terms and conditions set forth. The court also needed to consider the objections raised by the employee representatives and determine whether these objections were substantiated and whether they justified the refusal of approval for the agreement.

In evaluating the agreement, the court considered the principles of fairness and reasonableness as outlined in the Fair Work Act. The court found that the agreement contained provisions that were equitable and did not unjustifiably disadvantage the employees. The court addressed the objections raised by the employee representatives, concluding that they did not provide sufficient grounds to deem the agreement unfair or unreasonable. The court noted that the agreement provided for a balanced set of terms and conditions that took into account both the interests of the City of Armadale and its employees. Based on this assessment, the court determined that the City of Armadale Enterprise Agreement 2013 met the criteria for approval.

The Fair Work Commission approved the City of Armadale Enterprise Agreement 2013, finding it to be fair and reasonable. The court ordered that the agreement be approved as a registered agreement under the Fair Work Act. The decision confirmed the validity of the agreement, allowing it to be implemented as intended by the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established