DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Gosnells
(AG2019/2187)

CITY OF GOSNELLS LEISURE WORLD ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER WILLIAMS	PERTH, 22 JULY 2019

Application for approval of the City of Gosnells Leisure World Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the City of Gosnells Leisure World 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 29 July 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 City of Gosnells applied to the Fair Work Commission for approval of the City of Gosnells Leisure World Enterprise Agreement 2019. The applicants were seeking to have the enterprise agreement registered under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for certain employees of the City of Gosnells. The Fair Work Commission was tasked with determining whether the agreement met the formal and substantive requirements for approval under the Fair Work Act.

The central legal issue was whether the enterprise agreement complied with the formal and substantive requirements set out in the Fair Work Act. The formal requirements included whether the agreement had been certified by a relevant independent statutory body, and whether the agreement had been made in good faith. The substantive requirements included whether the agreement provided for the safety of employees, the agreement's impact on the financial viability of the employer, and whether the agreement was consistent with the principles of the modern industrial relations system. The commission also needed to consider whether the agreement was made without coercion, undue influence, or in a manner that was unfair.

The Fair Work Commission found that the agreement met all the formal requirements and most of the substantive requirements. The commission determined that the agreement had been made in good faith and without coercion or undue influence. The commission also found that the agreement provided for the safety of employees and was consistent with the principles of the modern industrial relations system. However, the commission was concerned about the potential impact of the agreement on the financial viability of the employer. Despite these concerns, the commission concluded that the agreement did not have an unreasonable adverse effect on the financial viability of the employer and approved the agreement.

The Fair Work Commission approved the City of Gosnells Leisure World Enterprise Agreement 2019, subject to certain modifications. The commission made a declaration that the agreement be registered as a registered agreement under the Fair Work Act. The commission also ordered that the agreement be served on all employees covered by the agreement. The commission determined that the agreement was fair and reasonable and met the requirements of the Fair Work Act.

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