DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Gosnells T/A City of Gosnells
(AG2019/2147)

CITY OF GOSNELLS WASTE COLLECTION ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER WILLIAMS	PERTH, 22 JULY 2019

Application for approval of the City of Gosnells Waste Collection Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the City of Gosnells Waste Collection Enterprise Agreement 2019 (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.

[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] The Australian Municipal, Administrative, Clerical and Services Union and Transport Workers' Union of Australia being a bargaining representatives for the Agreement, have 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 organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2019 The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the City of Gosnells T/A City of Gosnells, the applicant sought approval for the City of Gosnells Waste Collection Enterprise Agreement 2019. The dispute arose as the applicant sought to have the agreement ratified by the Fair Work Commission, which would allow the terms and conditions of employment for the waste collection workers to be enforced. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This involved assessing if the agreement met the requirements for 'simplification, flexibility, and certainty' and whether it provided for a fair and efficient workplace. The Commission also had to determine if the agreement was made in good faith and if it was consistent with the principles of the National Employment Standards.

The Fair Work Commission determined that the City of Gosnells Waste Collection Enterprise Agreement 2019 did indeed meet the statutory requirements. The Commission found that the agreement contained provisions that promoted simplification, flexibility, and certainty, and it was made in good faith. The Commission further noted that the agreement was consistent with the principles of the National Employment Standards and did not disadvantage employees. As a result, the Commission approved the agreement, paving the way for its enforcement.

The Fair Work Commission's decision to approve the City of Gosnells Waste Collection Enterprise Agreement 2019 means that the terms and conditions of employment as set out in the agreement can now be legally enforced. This outcome provides certainty and stability for both the City of Gosnells and its waste collection employees.

City of Gosnells T/A 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