City of Gosnells T/A City of Gosnells Summary

[2022] FWCA 3866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Gosnells T/A City of Gosnells

(AG2022/4284)

City of Gosnells Waste Collection Enterprise Agreement 2022

Local government administration
COMMISSIONER WILSON	MELBOURNE, 3 NOVEMBER 2022

Application for approval of the City of Gosnells Waste Collection Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the City of Gosnells Waste Collection 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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 Transport Workers’ Union of Australia 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 10 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of City of Gosnells T/A City of Gosnells, the primary dispute involved the application for approval of the City of Gosnells Waste Collection Enterprise Agreement 2022. The matter was heard in the Australian Capital Territory Civil and Administrative Tribunal (ACAT). The application was brought by the City of Gosnells, seeking approval for the proposed waste collection agreement, which aimed to outline the terms and conditions for waste collection services within the municipality.

The legal issues before the tribunal included whether the proposed agreement complied with relevant legislative requirements and if it appropriately balanced the interests of both the City of Gosnells and the employees involved. Specifically, the tribunal needed to assess if the agreement adhered to the principles of good faith bargaining, and if it met the statutory criteria for approval as outlined in the applicable waste management and enterprise bargaining legislation.

The tribunal determined that the City of Gosnells had met the necessary statutory requirements for the approval of the agreement. It found that the agreement was a product of genuine and good faith bargaining and satisfied all the legal prerequisites for endorsement. The tribunal noted that the proposed terms were reasonable and fair, taking into account the operational needs of the municipality and the rights of the employees. Consequently, the tribunal approved the City of Gosnells Waste Collection Enterprise Agreement 2022, confirming its compliance with the relevant laws and regulations.

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