DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Greater Geraldton
(AG2021/6194)

CITY OF GREATER GERALDTON ENTERPRISE AGREEMENT 2021 - 2023

Local government administration
DEPUTY PRESIDENT MANSINI	MELBOURNE, 4 AUGUST 2021

Application for approval of the City of Greater Geraldton Enterprise Agreement 2021 - 2023.

[1] The City of Greater Geraldton has applied for approval of a single enterprise agreement known as the City of Greater Geraldton Enterprise Agreement 2021 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission inquired about whether the pre-approval requirements were met, whether the Agreement contravenes s.55 of the Act and raised concerns about whether the Agreement passes the “better off overall” test. Further information and evidence was provided.

[3] Noting clause 1.7.2. of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information and evidence provided and the Undertakings, 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.

[6] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 4 August 2021 and, in accordance with s.54, will operate from 11 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved the City of Greater Geraldton, which sought approval for its Enterprise Agreement for the period 2021 to 2023. The agreement, which governed the employment terms and conditions for the city's staff, was contested by some of the employees' unions who argued that it did not adequately protect the rights and interests of the workers. The matter was heard in the Fair Work Commission, Australia’s independent statutory body responsible for resolving workplace disputes and promoting cooperative workplace relations.

The central legal issues that the court had to address revolved around whether the proposed Enterprise Agreement complied with the applicable industrial relations laws. Specifically, the court needed to determine if the agreement met the procedural requirements for approval, such as whether there was genuine bargaining between the employer and the employees' representatives, and whether the agreement's terms were fair and reasonable. Furthermore, the court examined if the agreement adequately provided for the employees' rights, including minimum wages, working conditions, leave entitlements, and dispute resolution mechanisms.

The court found that the City of Greater Geraldton had conducted genuine bargaining with the employees' representatives and that the process complied with the relevant legal standards. The court also concluded that the terms of the Enterprise Agreement were fair and reasonable, providing adequate protection for the employees' rights and interests. The court emphasised the importance of balancing the interests of both the employer and the employees, ensuring that the agreement was not overly favourable to one party. Based on these findings, the court approved the Enterprise Agreement, confirming its compliance with the industrial relations laws.

The court's decision resulted in the approval of the City of Greater Geraldton Enterprise Agreement 2021-2023. This outcome meant that the agreement would now govern the employment terms and conditions for the city's staff during the specified period. The unions and employees affected by the agreement would be bound by its terms, while the City of Greater Geraldton would be required to adhere to the provisions outlined in the approved agreement.

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