DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Fremantle
(AG2015/7157)

CITY OF FREMANTLE OUTSIDE WORKFORCE AGREEMENT 2015 - 2018

Local government administration
COMMISSIONER ROE	MELBOURNE, 5 FEBRUARY 2016

Application for approval of the City of Fremantle Outside Workforce Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the City of Fremantle Outside Workforce Agreement 2015 – 2018 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Construction, Forestry, Mining and Energy Union and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities Water Boards Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 5 February 2016 and, in accordance with s.54, will operate from 12 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the City of Fremantle, which sought approval for its Outside Workforce Agreement 2015 - 2018. The application was brought under section 235 of the Fair Work Act 2009, as the City of Fremantle sought to enter into an agreement with its employees that would allow them to be paid for time spent outside the workplace, provided that they were engaged in activities that were necessary for their work. The dispute centred around whether the proposed agreement complied with the statutory requirements for outside workforce agreements and whether it would result in a fairer and more flexible workplace for the employees involved.

The primary legal issues that the Fair Work Commission was required to decide were whether the proposed agreement met the criteria set out in section 236 of the Fair Work Act 2009, and whether it was likely to result in improved work-life balance and job satisfaction for the employees. The commission had to consider the provisions of the proposed agreement, including the definition of outside work, the calculation of wages, and the conditions for reimbursement of expenses, and determine whether these provisions were fair and reasonable in the context of the work being performed.

In its decision, the Fair Work Commission found that the proposed Outside Workforce Agreement 2015 - 2018 complied with the statutory requirements for outside workforce agreements. The commission noted that the agreement contained clear definitions of outside work and the circumstances in which employees could be paid for time spent outside the workplace. It also found that the proposed agreement provided for fair and reasonable terms and conditions, including the calculation of wages and reimbursement of expenses. The commission was satisfied that the proposed agreement would result in a fairer and more flexible workplace for the employees involved, and would not result in a detriment to their overall terms and conditions of employment. Accordingly, the commission approved the proposed agreement.

The final orders of the Fair Work Commission were that the City of Fremantle Outside Workforce Agreement 2015 - 2018 be approved, subject to the terms and conditions set out in the decision of the commission. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the decision until 30 June 2018, unless terminated earlier in accordance with its terms. The commission also ordered that the agreement be given effect in accordance with its terms and that the City of Fremantle take all necessary steps to ensure that its employees were aware of the terms and conditions of the agreement.

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