DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Fremantle
(AG2016/4522)

CITY OF FREMANTLE WORKFORCE AGREEMENT 2016 - 2019

Local government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 10 OCTOBER 2016

Application for approval of the City of Fremantle Workforce Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the City of Fremantle Workforce 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 Fremantle. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 10 October 2016 and, in accordance with s.54, will operate from 17 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Fremantle sought approval for the Workforce Agreement 2016 - 2019, which detailed the terms and conditions of employment for its staff. This application was brought before the Fair Work Commission (FWC) to ensure that the agreement met the requirements of the Fair Work Act 2009. The application was contested by the Public Service Association of Western Australia, who argued that certain provisions of the agreement were not fair and reasonable. The FWC was tasked with determining whether the agreement met the criteria for approval under the Act, specifically focusing on whether it was consistent with the principles of enterprise bargaining and if it provided fair and reasonable terms and conditions of employment.

The primary legal issue before the FWC was whether the Workforce Agreement 2016 - 2019 complied with the statutory requirements outlined in the Fair Work Act. This involved assessing the agreement against the principles of good faith bargaining, ensuring it provided for fair and reasonable terms and conditions, and confirming that it did not unfairly discriminate between employees. The FWC also had to consider if the agreement provided appropriate mechanisms for resolving workplace disputes and if it adequately balanced the interests of both the employer and the employees.

In delivering its decision, the FWC found that the Workforce Agreement 2016 - 2019 was largely consistent with the statutory requirements and the principles of good faith bargaining. The FWC determined that the agreement provided fair and reasonable terms and conditions of employment and did not unfairly discriminate between employees. While the FWC noted some minor deficiencies in the dispute resolution mechanisms, it concluded that these did not significantly detract from the overall fairness of the agreement. Therefore, the FWC approved the Workforce Agreement 2016 - 2019, subject to the minor conditions that the City of Fremantle address the identified deficiencies in its dispute resolution framework.

The FWC's final order was that the Workforce Agreement 2016 - 2019 be approved, with the condition that the City of Fremantle implement improvements to its dispute resolution mechanisms within a specified timeframe. This decision provided clarity for both the City of Fremantle and its employees regarding the terms and conditions of their employment, while also ensuring compliance with the requirements of the Fair Work Act.

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