DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Fremantle
(AG2019/3877)

CITY OF FREMANTLE WORKFORCE AGREEMENT 2019

Local government administration
COMMISSIONER WILSON	MELBOURNE, 20 JANUARY 2020

Application for approval of the City of Fremantle Workforce Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the City of Fremantle Workforce Agreement 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 Fremantle. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the City of Fremantle and the relevant union representatives. The primary issue was the application for approval of the City of Fremantle Workforce Agreement 2019. This agreement was intended to regulate various aspects of employment within the City, including terms and conditions, classification, and dispute resolution mechanisms. The application was brought before the Fair Work Commission (FWC) to ensure the agreement's compliance with the Fair Work Act 2009.

The central legal issues before the FWC involved determining whether the Workforce Agreement 2019 complied with the relevant statutory provisions and whether it adequately provided for the fair and effective resolution of workplace disputes. The union representatives argued that the agreement did not sufficiently address certain aspects of employee rights and protections, potentially contravening the principles of the Act. The City of Fremantle, on the other hand, contended that the agreement was fair and compliant with all necessary legislative requirements.

The FWC conducted a thorough review of the agreement, examining its provisions against the benchmarks set by the Fair Work Act. The Commission found that while the agreement largely complied with the statutory requirements, certain provisions needed adjustment to better protect employee rights and ensure fair dispute resolution. The FWC ultimately approved the agreement with several modifications, aimed at enhancing its compliance with the legislative framework and addressing the union's concerns. The modifications included clarifying certain dispute resolution processes and ensuring that employee rights were adequately protected under the agreement.

The FWC's decision resulted in the approval of the City of Fremantle Workforce Agreement 2019, subject to the specified modifications. The union representatives and the City of Fremantle were directed to implement the necessary changes within a stipulated timeframe. This outcome ensured that the agreement met the statutory requirements for fair and effective workplace regulation, balancing the interests of both employees and the employer.

City of Fremantle

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established