City of Gosnells

[2014] FWCA 2490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Gosnells
(AG2014/527)

CITY OF GOSNELLS OPERATIONS CENTRE EMPLOYEES ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 14 APRIL 2014

Application for the approval of the City of Gosnells Operations Centre Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the City of Gosnells Operations Centre Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 of the Act 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Agreement is to be read together with the undertaking given by the employer in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

SCHEDULE A

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the City of Gosnells for the approval of the City of Gosnells Operations Centre Employees Enterprise Agreement 2014. The respondents to the application included various employee unions representing workers within the City of Gosnells Operations Centre. The primary dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement, including matters such as wages, working hours, leave entitlements, and dispute resolution mechanisms.

The legal issues that the Fair Work Commission was required to decide upon involved whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. This included determining if the agreement contained all the mandatory terms prescribed by the Act, whether it had been fairly negotiated, and if it satisfied the 'better off overall test' (BOOT) to ensure that no employee would be worse off financially as a result of the agreement. The Commission also had to consider whether the agreement complied with the public interest obligations and the general protections provisions of the Act.

In its decision, the Fair Work Commission thoroughly examined the terms of the proposed enterprise agreement. The Commission found that the agreement contained all the mandatory terms required by the Act and had been fairly negotiated. The Commission also concluded that the agreement satisfied the BOOT, as employees would not be worse off financially under the new agreement. Furthermore, the Commission determined that the agreement met the public interest obligations and did not contravene any general protections provisions. Consequently, the Commission approved the City of Gosnells Operations Centre Employees Enterprise Agreement 2014, deeming it to be a lawful and fair agreement for the employees and the City of Gosnells.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established