City Of Joondalup

[2022] FWCA 3989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City Of Joondalup

(AG2022/4422)

City of Joondalup Leisure Centre Workforce Enterprise Agreement 2022

Local government administration
COMMISSIONER SCHNEIDER	PERTH, 14 NOVEMBER 2022

Application for approval of the City of Joondalup Leisure Centre Workforce Enterprise Agreement 2022

The City of Joondalup (the Applicant) has made an application for the approval of an enterprise agreement known as the City of Joondalup Leisure Centre Workforce Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. No objections to the undertakings were raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the City of Joondalup, sought approval for its proposed workforce enterprise agreement under the Fair Work Act 2009. The dispute arose from negotiations between the City of Joondalup and its employees, represented by a union, concerning terms and conditions of employment. The matter was heard by the Fair Work Commission, which has jurisdiction to approve such agreements where the parties cannot reach a consensus. The primary legal issue was whether the proposed agreement met the requirements of the Fair Work Act, including compliance with the safety net provisions and other legislative criteria.

The Fair Work Commission carefully reviewed the proposed agreement, considering the terms and conditions outlined within. The Commission examined whether the proposed agreement provided employees with entitlements no less favourable than the applicable award or registered agreement, in accordance with the Act's safety net provisions. Additionally, the Commission assessed whether the agreement contained provisions that were procedurally fair and in line with relevant legislative standards. After thorough deliberation, the Commission determined that the proposed agreement met the necessary criteria for approval, as it provided employees with adequate protections and adhered to the requirements set out in the Fair Work Act.

Having found the proposed agreement to be compliant with the statutory provisions, the Fair Work Commission approved the City of Joondalup Leisure Centre Workforce Enterprise Agreement 2022. The Commission's decision was grounded in its finding that the agreement did not undermine the safety net and contained procedurally fair terms. Consequently, the agreement was deemed to be in the best interests of the employees and the employer, aligning with the objectives of the Fair Work Act. This approval effectively formalised the terms and conditions of employment for the relevant workforce, providing a framework for their future workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established