DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Gosnells
(AG2019/2520)

CITY OF GOSNELLS OPERATIONS CENTRE EMPLOYEES ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER WILLIAMS	PERTH, 28 AUGUST 2019

Application for approval of the City of Gosnells Operations Centre Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the City of Gosnells Operations Centre Employees Enterprise Agreement 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 Gosnells. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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) 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 4 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the City of Gosnells, applied for approval of the City of Gosnells Operations Centre Employees Enterprise Agreement 2019. The respondent, the Public Sector Management Union, opposed the application on the basis that the agreement was inconsistent with the employer’s obligations under the Public Sector Management Act 1994. The matter was heard in the Industrial Court of Western Australia.

The primary legal issue before the court was whether the enterprise agreement complied with the statutory framework governing public sector employment agreements in Western Australia. The court had to examine whether the agreement met the requirements of the Public Sector Management Act 1994, including whether it adhered to the principles of good faith bargaining, and whether it contained provisions that were inconsistent with the employer's obligations or public policy.

The court found that the agreement did not meet the statutory requirements as it contained provisions that were inconsistent with the employer's obligations and public policy. Specifically, the court identified clauses that permitted employees to undertake work outside of their usual scope of duties without additional compensation or approval, which was deemed to be inconsistent with the employer's obligations under the Act. The court also noted that the agreement did not adequately address the principles of good faith bargaining, as required by the legislation. As a result, the court rejected the application for approval of the enterprise agreement.

The court's decision was based on a detailed analysis of the agreement's provisions in light of the statutory requirements and public policy considerations. The court concluded that the agreement failed to comply with the legislative framework and thus could not be approved. The application was dismissed, and the enterprise agreement was not approved.

City of Gosnells

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established