City of Gosnells T/A City of Gosnells

[2022] FWCA 3286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Gosnells T/A City of Gosnells

(AG2022/3531)

Approval of the City of Gosnells Operations Centre Employees Enterprise Agreement 2022

Local government administration
COMMISSIONER WILLIAMS	PERTH, 20 SEPTEMBER 2022

Application for approval of the City of Gosnells Operations Centre Employees Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the City of Gosnells Operations Centre Employees Enterprise Agreement 2022 (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 T/A City of Gosnells. The Agreement is a single enterprise agreement.

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 Australian Municipal, Administrative, Clerical and Services Union, and the Western Australian Shire Councils, Municipal Road 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 the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the City of Gosnells, represented by its trading name City of Gosnells, and several employees who were parties to the City of Gosnells Operations Centre Employees Enterprise Agreement 2022. The dispute centred on the application for the approval of this enterprise agreement, which outlines the terms and conditions of employment for employees within the City of Gosnells operations centre. The application was heard by the Fair Work Commission, an independent statutory body responsible for the resolution of workplace disputes in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. This included an assessment of whether the agreement met the criteria for being considered a "better off overall test" (BOOT) agreement, ensuring that the overall conditions for the employees were not worse than those provided under the relevant award or registered agreement. Additionally, the Commission needed to determine if the agreement was appropriately negotiated and if it included the necessary provisions for minimum entitlements, such as minimum wages, leave entitlements, and other standard conditions of employment.

In examining the application, the Commission considered evidence and submissions from both the City of Gosnells and the employees' representatives. The Commission found that the proposed enterprise agreement was appropriately negotiated and contained all necessary provisions to meet the requirements of the Fair Work Act. The agreement provided for a fair and reasonable set of terms and conditions, including provisions that ensured employees were not worse off overall compared to their previous conditions. The Commission was satisfied that the agreement met the statutory requirements and approved it, allowing it to come into effect as a legally binding contract between the City of Gosnells and its employees.

As a result of the Commission's approval, the City of Gosnells Operations Centre Employees Enterprise Agreement 2022 was formally recognised and enforceable under the Fair Work Act. This decision ensured that the terms and conditions outlined in the agreement would govern the employment relationship between the City of Gosnells and its employees, providing a clear framework for workplace practices and entitlements. The approval of the agreement was a significant step in formalising the employment conditions for the employees within the City of Gosnells operations centre, promoting a fair and regulated working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established