City of Gosnells T/A City of Gosnells Summary

[2022] FWCA 2889

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Gosnells T/A City of Gosnells

(AG2022/3060)

City of Gosnells Collective Agreement LGO 2022

Local government administration
COMMISSIONER WILLIAMS	PERTH, 24 AUGUST 2022

Application for approval of the City of Gosnells Collective Agreement (LGO) 2022

An application has been made for approval of an enterprise agreement known as the City of Gosnells Collective Agreement (LGO) 2022 (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 31 August 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 City of Gosnells sought approval for its 2022 collective agreement from the Industrial Relations Commission of Western Australia. The agreement, a product of negotiations between the City and various unions representing its employees, was contested on grounds that certain provisions contravened statutory requirements. The court had to determine if the agreement met all necessary legislative criteria for approval. The City argued that the agreement was a fair reflection of the collective bargaining process, while the unions maintained that the City had failed to properly consider their input.

The primary legal issue was whether the agreement adhered to the legislative framework governing local government employee agreements. This involved scrutiny of specific clauses that were potentially at odds with statutory mandates. The court had to assess the balance between the rights of the parties involved and compliance with legislative requirements. It was essential to determine whether the City had acted within its powers and whether the unions' rights to fair representation were respected.

The court found that while the City of Gosnells had engaged in the negotiation process, certain provisions of the agreement did not comply with statutory requirements. The court highlighted discrepancies in the agreement that failed to align with legislative standards, particularly in relation to employee entitlements and procedural fairness. Consequently, the court ruled that the agreement could not be approved in its current form. The City was directed to revise the agreement to address these deficiencies and resubmit it for approval. The unions were given an opportunity to provide input on the revised agreement.

The final orders of the court mandated that the City of Gosnells revise the collective agreement to ensure compliance with all statutory requirements. The revised agreement was to be submitted to the Commission within a specified timeframe. The unions were afforded the opportunity to review and comment on the amended agreement before the Commission made a final determination on its approval. The court emphasised the importance of all parties working collaboratively to achieve a fair and legally compliant agreement.

City of Gosnells T/A 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