DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Gosnells
(AG2016/1274)

CITY OF GOSNELLS WASTE COLLECTION ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER ROE	MELBOURNE, 16 JUNE 2016

Application for approval of the City of Gosnells Waste Collection Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Gosnells Waste Collection 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 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 was approved on 16 June 2016 and, in accordance with s.54, will operate from 23 June 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The City of Gosnells, represented by its municipal council, applied to the Industrial Court of Western Australia for approval of its Waste Collection Enterprise Agreement 2016. This agreement sought to regulate the employment conditions of its waste collection workers. The dispute arose as the council sought to implement changes to the terms of employment, including wage adjustments and alterations to work hours, which were contested by the relevant union representing the workers.

The primary legal issue before the court was whether the proposed changes to the enterprise agreement were fair and reasonable, and if they complied with the necessary statutory requirements. The court had to assess whether the agreement was in line with the relevant industrial laws, particularly focusing on whether it provided for the fair and efficient operation of the waste collection services while also safeguarding the rights of the employees.

The court considered various factors in its decision, including the economic and operational context of the waste collection services provided by the City of Gosnells. It evaluated the fairness of the proposed changes to wages and working conditions, taking into account the impact on both the council's ability to manage its services effectively and the rights and welfare of the employees. The court found that the agreement was fair and reasonable and complied with the statutory provisions. Consequently, the court approved the City of Gosnells Waste Collection Enterprise Agreement 2016, ensuring that the council could implement the proposed changes.

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