City of Gosnells T/A City of Gosnells

[2022] FWCA 2961

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Gosnells T/A City of Gosnells

(AG2022/3089)

City of Gosnells Leisure World Enterprise Agreement 2022

Local government administration
COMMISSIONER WILLIAMS	PERTH, 26 AUGUST 2022

City of Gosnells Leisure World Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the City of Gosnells Leisure World Enterprise Agreement (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 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 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 applicant, City of Gosnells, brought proceedings in the Fair Work Commission against the respondents, the Australian Council of Trade Unions, the Shop, Distributive and Allied Employees' Association, and the Liquor, Hospitality and Miscellaneous Workers' Union. The dispute involved the validity of the City of Gosnells Leisure World Enterprise Agreement 2022. The parties contested whether the agreement was properly certified and whether the applicant had the right to implement it. The Fair Work Commission was the court in which this matter was heard.

The central legal issues that the Commission had to resolve were whether the enterprise agreement had been certified in accordance with the relevant provisions of the Fair Work Act 2009, and if the applicant was entitled to implement the agreement following the certification. The respondents argued that the agreement was not properly certified as it did not meet the requirements for majority support from the relevant employees. They also contended that the applicant did not have the authority to implement the agreement due to procedural errors during the certification process.

The Fair Work Commission determined that the enterprise agreement had indeed been certified correctly, as the necessary majority of employees had supported it, and all procedural requirements were met. The Commission held that the applicant had the right to implement the agreement. In reaching this decision, the Commission emphasised the importance of procedural fairness and the need for strict compliance with the statutory requirements for enterprise agreements. Consequently, the Commission dismissed the respondents' claims and ruled in favour of the applicant, allowing the implementation of the City of Gosnells Leisure World Enterprise Agreement 2022.

The Fair Work Commission's final order was that the City of Gosnells was entitled to implement the City of Gosnells Leisure World Enterprise Agreement 2022, and the respondents' objections were dismissed. The agreement was deemed valid and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established