City of Gosnells

[2014] FWCA 2484

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Gosnells
(AG2014/525)

CITY OF GOSNELLS LEISURE WORLD ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 14 APRIL 2014

Application for the approval of the City of Gosnells Leisure World Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the City of Gosnells Leisure World Enterprise Agreement 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 1 July 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

In the recent case before the Fair Work Commission, the City of Gosnells was involved in proceedings concerning the approval of the City of Gosnells Leisure World Enterprise Agreement 2014. The applicant, the City of Gosnells, sought the Commission's approval of the proposed enterprise agreement which was intended to govern the terms and conditions of employment for a specified group of employees within the leisure world division of the city. The dispute arose from negotiations between the employer and the employees' representative, with the outcome being an agreement that the employer believed to be in the best interests of the business.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirements for "better off overall" and "in good faith" negotiations, and whether it included all the mandatory terms prescribed by the Act. The Commission also considered if the agreement provided for a fair and efficient workplace, and whether it included appropriate mechanisms for resolving disputes between the parties.

The Fair Work Commission found that the proposed enterprise agreement was compliant with the requirements of the Fair Work Act. The Commission determined that the agreement was negotiated in good faith and was better off overall for the employees. It was also found to include all the mandatory terms required by the Act and provided for a fair and efficient workplace. Furthermore, the agreement contained appropriate dispute resolution mechanisms. Accordingly, the Commission approved the City of Gosnells Leisure World Enterprise Agreement 2014, thereby resolving the dispute in favour of the City of Gosnells.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established