DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Cockburn
(AG2016/7771)

CITY OF COCKBURN ENTERPRISE AGREEMENT 2016-2019

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 28 FEBRUARY 2017

Application for approval of the City of Cockburn Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the City of Cockburn Enterprise Agreement 2016-2019 (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 Cockburn. 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] 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 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2017. The nominal expiry date of the Agreement is 11 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the City of Cockburn, which applied to the Fair Work Commission for approval of its Enterprise Agreement for the years 2016 to 2019. The nature of the dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issues the court needed to address were whether the agreement was made in accordance with the necessary procedures, whether it complied with the provisions of the Fair Work Act, and if it contained any unfair provisions that would render it void. Additionally, the court had to consider whether the agreement adequately covered all necessary aspects, including pay rates, working conditions, and dispute resolution mechanisms.

In delivering its decision, the court found that the City of Cockburn had followed the correct procedures in making the agreement and that it complied with the Fair Work Act. The court also determined that there were no unfair provisions within the agreement. Consequently, the court approved the City of Cockburn Enterprise Agreement for the period 2016-2019.

As a result of the court's decision, the City of Cockburn Enterprise Agreement for the years 2016-2019 was approved and is now in effect.

City of Cockburn

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established