DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Cockburn
(AG2019/3939)

CITY OF COCKBURN ENTERPRISE AGREEMENT 2019-2022

Local government administration
DEPUTY PRESIDENT YOUNG	MELBOURNE, 6 DECEMBER 2019

Application for approval of the City of Cockburn Enterprise Agreement 2019-2022.

[1] City of Cockburn (the Employer) has made an application for approval of an enterprise agreement known as the City of Cockburn Enterprise Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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] I observe that clause 23.4 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 6 December 2019 and, in accordance with s 54, will operate from 13 December 2019. The nominal expiry date of the Agreement is 11 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the City of Cockburn to the Fair Work Commission for the approval of the City of Cockburn Enterprise Agreement 2019-2022. The dispute arose between the City of Cockburn, represented by its Chief Executive Officer, and the Western Australian Public Sector Union, which represented the employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The central legal issue was whether the enterprise agreement contained provisions that were contrary to the public interest or contravened any provisions of the Fair Work Act. The court had to assess the agreement's provisions concerning the employees' working conditions, pay rates, and other employment terms.

The Fair Work Commission considered the arguments presented by both parties and examined the provisions of the Fair Work Act. The Commission noted that the agreement included provisions that aligned with the principles of good faith bargaining and fair terms and conditions of employment. It found that the agreement did not contain any terms that were contrary to the public interest or that contravened the Fair Work Act. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions of employment for the employees.

Based on its analysis, the Fair Work Commission approved the City of Cockburn Enterprise Agreement 2019-2022. The Commission concluded that the agreement met all the necessary criteria for approval under the Fair Work Act and that it was in the best interests of the employees and the employer. The decision was based on the Commission's assessment of the agreement's provisions and its determination that the agreement was fair and reasonable. The approval of the agreement was a significant outcome for both the City of Cockburn and the employees, as it provided certainty and stability in their employment relationship.

The Fair Work Commission's decision was final and binding on both parties. The City of Cockburn Enterprise Agreement 2019-2022 was approved, and the employees were bound by its terms and conditions. The decision provided a framework for the employer and employees to work together in a fair and reasonable manner, and it ensured that the agreement met the necessary legal requirements. The approval of the agreement was an important step towards maintaining a productive and harmonious workplace for all parties involved.

City of Cockburn

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established