City of Fremantle

[2014] FWCA 8127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Fremantle
(AG2014/9647)

CITY OF FREMANTLE WORKFORCE AGREEMENT 2015 - 2016

Local government administration
COMMISSIONER WILLIAMS	PERTH, 20 NOVEMBER 2014

Application for approval of the City of Fremantle Workforce Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Fremantle Workforce Agreement 2015 – 2016(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the City of Fremantle. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the City of Fremantle seeking approval for the Workforce Agreement 2015-2016. The agreement was challenged by various employee representatives, including the Australian Services Union (ASU). The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed Workforce Agreement was fair and reasonable, and whether it complied with the relevant legislative requirements under the Fair Work Act 2009. This included examining whether the agreement met the standards for fair terms and conditions of employment, including minimum wages, penalty rates, leave entitlements, and other employment conditions.

The Commission considered the evidence provided by both the City of Fremantle and the employee representatives. It assessed whether the proposed agreement provided for fair and reasonable terms and conditions for employees, and whether it complied with the applicable awards and regulations. The Commission also examined the negotiation process and the extent to which both parties had genuinely attempted to reach an agreement. After careful consideration of the evidence and submissions, the Commission found that the proposed Workforce Agreement was fair and reasonable, and complied with the relevant legislative requirements. The Commission approved the agreement, finding that it provided for appropriate terms and conditions for employees, and that the negotiation process had been genuine and in good faith.

As a result of the decision, the City of Fremantle's Workforce Agreement 2015-2016 was approved and came into effect. The Fair Work Commission's decision provided clarity and certainty for both the City of Fremantle and its employees regarding the terms and conditions of employment for the relevant period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established