City of Joondalup

[2019] FWCA 6906

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

City of Joondalup

(AG2019/3318)

City of Joondalup Outside Workforce Enterprise Agreement 2018

Local government administration
Commissioner Williams	PERTH, 8 OCTOBER 2019

Application for approval of the City of Joondalup Outside Workforce Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the City of Joondalup Outside Workforce Enterprise Agreement 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 Joondalup. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union being bargaining representatives for the Agreement, have 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 organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the City of Joondalup sought approval for the City of Joondalup Outside Workforce Enterprise Agreement 2018. The agreement in question pertains to the terms and conditions of employment for the outside workforce of the City of Joondalup, including aspects such as remuneration, working hours, leave provisions, and other employment-related matters. The Fair Work Commission, in its capacity as the body responsible for resolving workplace disputes and approving enterprise agreements, was tasked with determining whether the agreement met the legal standards required for approval.

The primary legal issues before the Commission involved whether the agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement had been made in accordance with the procedural requirements for green-field agreements, as well as whether it contained all the mandatory terms and conditions required by the Act. Additionally, the Commission examined whether the agreement appropriately balanced the interests of both the employer and the employees, ensuring that it did not adversely affect the employees' rights and entitlements.

After carefully reviewing the evidence and submissions presented by both the City of Joondalup and the relevant employee representatives, the Commission found that the agreement met the necessary statutory requirements. The agreement was deemed to have been made in good faith and without coercion, and it included all the mandatory terms and conditions stipulated by the Fair Work Act. Furthermore, the Commission concluded that the agreement provided fair and reasonable terms for both parties, taking into account the specific circumstances and needs of the outside workforce. As a result, the Commission approved the City of Joondalup Outside Workforce Enterprise Agreement 2018, thereby allowing it to come into effect as intended.

The Fair Work Commission's final order was that the City of Joondalup Outside Workforce Enterprise Agreement 2018 be approved, effective from the date of the Commission's decision. This decision provided clarity and legal certainty for both the City of Joondalup and its outside workforce, ensuring that the terms and conditions of employment were fairly negotiated and agreed upon by the parties involved. The approval of the agreement also facilitated the continuation of the City of Joondalup's operations, with the understanding that the employment terms and conditions would now be governed by the provisions of the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established