DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Gosnells
(AG2016/1222)

CITY OF GOSNELLS EMPLOYEE COLLECTIVE AGREEMENT (LGO) 2016

Local government administration
COMMISSIONER ROE	MELBOURNE, 16 JUNE 2016

Application for approval of the City of Gosnells Employee Collective Agreement (LGO) 2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Gosnells Employee Collective Agreement (LGO) 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the City of Gosnells seeking approval for their Employee Collective Agreement (LGO) 2016. This application was heard by the Industrial Court of Western Australia. The dispute centred around the terms and conditions outlined in the proposed agreement, specifically regarding employee rights, duties, and the procedures for resolving disputes.

The primary legal issue before the court was whether the proposed collective agreement complied with the relevant legislative framework, particularly the Local Government Act 1993 and the Local Government (General) Award 2016. The court had to determine if the agreement appropriately balanced the rights of employees with the operational needs of the City of Gosnells, and if the dispute resolution mechanisms within the agreement adhered to statutory requirements.

The court meticulously examined the proposed collective agreement against the legislative standards. It found that the agreement contained provisions that were consistent with the statutory requirements and did not unjustifiably compromise the rights of employees. The court was satisfied that the dispute resolution mechanisms were adequate and aligned with the legislative framework. Consequently, the court granted approval for the City of Gosnells Employee Collective Agreement (LGO) 2016.

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