DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Greater Geraldton
(AG2018/6964)

CITY OF GREATER GERALDTON ENTERPRISE AGREEMENT 2018-2021

Local government administration
DEPUTY PRESIDENT KOVACIC	CANBERRA, 15 MAY 2019

Application for approval of the City of Greater Geraldton Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the City of Greater Geraldton Enterprise Agreement 2018-2021 (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 Greater Geraldton. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] On 3 May 2019, the Applicant filed a request to have an error at clause 6.13.13 ii of the Agreement corrected in accordance with s.586 of the Act. Specifically the Applicant requested that clause 6.13.13 ii be amended so that the reference to eight (8) weeks paid maternity leave be changed to read eighteen (18) weeks paid maternity leave. Having regard to clause 6.14—Maternity Leave of the Agreement which provides for 18 weeks paid maternity leave I am satisfied that a correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the Fair Work Commission, the City of Greater Geraldton sought approval for its Enterprise Agreement 2018-2021. The applicant argued that the agreement was necessary to establish fair terms of employment for its employees and to ensure the continued smooth operation of its services. The dispute centred around whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the terms of the Enterprise Agreement were procedurally and substantively compliant with the Fair Work Act. This involved assessing whether the agreement had been fairly negotiated, if it met the ‘better off overall test’ and if it adhered to the minimum entitlements outlined in the relevant awards and national employment standards.

The Fair Work Commission found that the City of Greater Geraldton had satisfied the procedural requirements by providing adequate evidence of the negotiation process. The Commission determined that the proposed agreement met the better off overall test, taking into account various factors including wage increases, improved working conditions, and additional benefits for the employees. The Commission also confirmed that the agreement did not breach any minimum entitlements. Consequently, the Commission approved the Enterprise Agreement 2018-2021, stating that it was in the best interests of both the employer and the employees.

As a result of this decision, the City of Greater Geraldton was granted approval for its Enterprise Agreement 2018-2021. This outcome ensured that the agreement would legally govern the employment terms and conditions for the employees within the City of Greater Geraldton for the specified period. The approval was contingent upon the agreement being registered with the Fair Work Commission, thereby providing a legally binding framework for the employer-employee relationship.

City of Greater Geraldton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established