City of Cockburn

[2013] FWCA 5888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Cockburn
(AG2013/7881)

CITY OF COCKBURN ENTERPRISE AGREEMENT 2013-2016

Local government administration
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 AUGUST 2013

Application for approval of the City of Cockburn Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Cockburn Enterprise Agreement 2013-2016 (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 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 11 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the City of Cockburn and its employees, represented by the Australian Municipal, Administrative and Clerical Officers' Union (AMA). The dispute centred on the approval of the City of Cockburn Enterprise Agreement 2013-2016. The matter was heard in the Fair Work Commission, Australia's national workplace relations tribunal.

The legal issues before the Commission included whether the Enterprise Agreement complied with the Fair Work Act 2009 and whether it met the requirements for approval as set out in the legislation. Key points of contention involved the interpretation of certain clauses within the agreement and their compliance with statutory provisions, particularly in relation to pay rates, allowances, and conditions of employment.

The Commission found that the Enterprise Agreement substantially complied with the relevant statutory provisions. It held that the agreement met the minimum entitlements required by the Fair Work Act and did not contain any provisions that were contrary to public policy or contravened any other law. The Commission also noted that the agreement provided for a fair and equitable resolution of employment matters between the City of Cockburn and its employees. As a result, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the City of Cockburn Enterprise Agreement 2013-2016, finding it to be in substantial compliance with the Fair Work Act and other relevant legislation. The decision underscores the importance of ensuring that enterprise agreements meet the statutory minimum entitlements and do not contravene any other laws or public policy considerations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established