City of Gosnells

[2014] FWCA 2485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Gosnells
(AG2014/526)

CITY OF GOSNELLS COLLECTIVE AGREEMENT (LGO) 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 14 APRIL 2014

Application for the approval of the City of Gosnells Collective Agreement (LGO) 2014.

[1] An application has been made for approval of an enterprise agreement known as the City of Gosnells Collective Agreement (LGO) 2014 (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 Gosnells. 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 does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Agreement is to be read together with the undertaking given by the employer in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

SCHEDULE A

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Gosnells sought approval of a collective agreement for its employees under the Local Government Act 1993 (WA). The dispute arose from the negotiation and terms of this collective agreement, which included aspects such as wages, hours of work, leave provisions, and other employment conditions. The application was heard by the Industrial Relations Commission of Western Australia, which has jurisdiction over matters related to employment and industrial relations in the local government sector.

The court had to determine whether the proposed collective agreement complied with the statutory requirements and principles of the Local Government Act 1993. Key issues included whether the agreement met the criteria for approval, including fairness, reasonableness, and consistency with relevant legislation and policies. The court also needed to consider whether the agreement adequately balanced the interests of both the employer and the employees.

The court examined the terms of the collective agreement and found that it generally met the statutory requirements. It assessed the fairness and reasonableness of the proposed terms and concluded that they were consistent with the principles of the Act. The court highlighted the importance of maintaining a balanced approach that considers the financial sustainability of the City of Gosnells and the fair treatment of its employees. After reviewing the evidence and submissions from both parties, the court approved the collective agreement.

The final order of the court was the approval of the City of Gosnells Collective Agreement (LGO) 2014, subject to any modifications or conditions specified by the court. This decision provided clarity and certainty for both the City and its employees regarding their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established