City of Canning T/A City of Canning

[2022] FWCA 275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Canning T/A City of Canning

(AG2021/8914)

City of Canning Enterprise Agreement 2021

Local government administration
COMMISSIONER SIMPSON	BRISBANE, 2 FEBRUARY 2022

Application for approval of the City of Canning Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the City of Canning Enterprise Agreement 2021 (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 Canning T/A City of Canning (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 33.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities Water Boards Union (the LGRCEU) and the Australian Municipal, Administrative, Clerical and Services Union (the ASU) both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the LGRCEU and the ASU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Canning applied to the Fair Work Commission for approval of the City of Canning Enterprise Agreement 2021. The dispute involved the interpretation and application of the Fair Work Act 2009 to determine whether the proposed agreement met the legal criteria for approval. The nature of the dispute was centred around the negotiation process and the terms of the agreement, including employee representation and the procedural fairness in the agreement's creation.

The legal issues before the court included whether the agreement had been genuinely bargained for, whether the agreement complied with the procedural fairness requirements under the Fair Work Act, and whether the terms of the agreement were fair and reasonable. The court also had to consider the representation of the employees in the negotiation process and whether there was adequate consultation with the relevant parties.

The court determined that the agreement had been genuinely bargained for, as evidenced by the negotiation process and the involvement of employee representatives. The court found that the procedural fairness requirements were met, as there was adequate consultation and the negotiation process was transparent. Additionally, the court held that the terms of the agreement were fair and reasonable, taking into account the economic and operational context of the City of Canning. The court approved the City of Canning Enterprise Agreement 2021, subject to certain conditions and modifications to ensure compliance with the Fair Work Act.

The court's decision resulted in the approval of the City of Canning Enterprise Agreement 2021, with specific terms and conditions to ensure compliance with the Fair Work Act. The court's decision was based on the evidence presented regarding the negotiation process, the representation of employees, and the fairness of the agreement's terms. The approval of the agreement will now allow the City of Canning to implement the terms and conditions outlined in the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established