DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Gosnells
(AG2016/1088)

CITY OF GOSNELLS LEISURE WORLD ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2016

Application for approval of the City of Gosnells Leisure World Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the City Of Gosnells Leisure World 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the City of Gosnells to have their Leisure World Enterprise Agreement 2016 approved. This agreement was a collective bargaining agreement between the City and its employees represented by the Australian Services Union. The application was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly with respect to the procedural fairness and good faith bargaining obligations imposed on the parties. The Commission also needed to consider whether the terms of the agreement were fair and reasonable in all respects.

In delivering its decision, the Commission examined the process through which the agreement was negotiated. It considered evidence provided by both parties regarding the steps taken to achieve a negotiated agreement and whether these steps complied with the statutory requirements. The Commission assessed the fairness of the agreement by reviewing its terms and conditions, including pay rates, hours of work, leave provisions, and other employment-related matters. It took into account the broader economic context, the bargaining power of the parties, and the principle of maintaining a balance between the interests of employers and employees. The Commission concluded that the City of Gosnells had complied with its obligations and that the agreement was fair and reasonable. Therefore, the application for approval was successful.

The Fair Work Commission approved the City of Gosnells Leisure World Enterprise Agreement 2016, finding that it met all legal requirements and was fair and reasonable in all respects. The decision underscores the importance of adhering to procedural fairness and good faith bargaining obligations during the negotiation process. The approved agreement will now serve as the governing employment contract for the employees of the City of Gosnells within the Leisure World enterprise.

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