DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Greater Geraldton
(AG2015/5214)

CITY OF GREATER GERALDTON ENTERPRISE AGREEMENT 2015-2018

Local government administration
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 12 NOVEMBER 2015

Application for approval of the City of Greater Geraldton Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the City of Greater Geraldton Enterprise Agreement 2015-2018 (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 City of Greater Geraldton. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 19 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Greater Geraldton sought approval from the Fair Work Commission for its Enterprise Agreement 2015-2018, which detailed terms and conditions of employment for its employees. The application was met with opposition from various unions, who raised concerns about the proposed changes to wages, conditions, and the overall fairness of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issues that the Commission had to address involved the fairness test outlined in the Fair Work Act. This included assessing whether the agreement was free from coercion and undue influence, whether it included minimum entitlements as specified by the Act, and whether it met the "better off overall test." The Commission had to consider the submissions from both the City of Greater Geraldton and the unions, evaluating the balance of rights and obligations under the proposed agreement.

The Fair Work Commission, after thoroughly reviewing the submissions and the content of the proposed agreement, concluded that the City of Greater Geraldton Enterprise Agreement 2015-2018 met the necessary standards. The Commission determined that the agreement was free from any form of coercion or undue influence and provided employees with a fair set of terms and conditions. Furthermore, the Commission found that the agreement adhered to the minimum entitlements required by the Act and satisfied the "better off overall test." The Commission approved the agreement, affirming that it was fair and appropriate for the employees of the City of Greater Geraldton.

As a result of the Commission's approval, the City of Greater Geraldton Enterprise Agreement 2015-2018 was formally adopted. This decision provided clarity and certainty for both the City of Greater Geraldton and its employees regarding the terms of their employment during the specified period. The approval signified that the agreement met the statutory requirements and was deemed fair and beneficial for the workforce involved.

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