DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Gosnells
(AG2016/1251)

CITY OF GOSNELLS OPERATIONS CENTRE EMPLOYEES ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER ROE	MELBOURNE, 17 JUNE 2016

Application for approval of the City of Gosnells Operations Centre Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Gosnells Operations Centre Employees Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Municipal Administrative, Clerical and Services Union and the Western Australian Shire Councils, Municipal Roads Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities Water Boards Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 17 June 2016 and, in accordance with s.54, will operate from 24 June 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Gosnells sought approval for the City of Gosnells Operations Centre Employees Enterprise Agreement 2016 under section 231 of the Fair Work Act 2009. The application was made by the City of Gosnells, and the respondents included the Public Service Association of Western Australia and the Australian Services Union. The primary dispute centred on whether the proposed agreement met the statutory requirements for approval by the Fair Work Commission, including provisions for employee representation and the process for resolving disputes.

The legal issues before the court were whether the agreement provided adequate representation for employees and if the dispute resolution mechanisms were compliant with the Fair Work Act. The court had to consider the balance between the parties' rights and obligations under the agreement and the overarching legislative framework that aimed to promote fair work practices. Furthermore, the court examined whether the agreement's terms were consistent with the objectives of the Fair Work Act, particularly in ensuring fairness and flexibility in the workplace.

The Fair Work Commission found that the agreement sufficiently provided for employee representation and contained appropriate dispute resolution processes. The Commission noted that the agreement included provisions for the election of employee representatives and established a framework for resolving disputes that was in line with the statutory requirements. Consequently, the Commission approved the agreement, determining that it met the necessary standards for fair work agreements. The approval was based on the comprehensive nature of the agreement, which addressed key aspects of employee representation and dispute resolution in a manner consistent with legislative intent. The court's decision was grounded in the statutory provisions and the overall framework of the Fair Work Act, ensuring that the agreement was fair and balanced for both the employer and the employees.

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