City of Joondalup

[2018] FWCA 842

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

City of Joondalup

(AG2017/3772)

City of Joondalup Leisure Centres Casual Workforce Enterprise Agreement 2016

Local government administration
Deputy President Gostencnik	MELBOURNE, 7 FEBRUARY 2018

Application for approval of the City of Joondalup Leisure Centres Casual Workforce Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the City of Joondalup Leisure Centres Casual Workforce Enterprise Agreement 2016 (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.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

The Agreement was approved on 7 February 2018 and, in accordance with s.54, will operate from 14 February 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the City of Joondalup applied for approval of the 2016 Enterprise Agreement pertaining to the casual workforce of its leisure centres. The dispute arose when the City of Joondalup sought to modify the employment conditions of its casual staff, and the union representing these employees contested certain provisions. The application was brought before the court under the Fair Work Act 2009, which governs the approval process for enterprise agreements that have been the subject of a direct agreement process.

The primary legal issue before the court was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This included assessing whether the agreement was genuinely an agreement between the employer and employees, whether it was free from any improper conduct, and whether it met the minimum entitlements as prescribed by the Act. Additionally, the court needed to consider whether the agreement was in the best interests of the employees and whether it complied with the relevant industrial instruments.

The court found that the agreement was indeed a genuine agreement and was free from any improper conduct. The City of Joondalup had demonstrated that the agreement was reached through a direct agreement process with the union. The court also determined that the agreement met the minimum entitlements and was in the best interests of the employees. Given the evidence and submissions presented, the court concluded that the agreement should be approved. The court noted that while some provisions were contentious, they did not render the agreement invalid or contrary to public policy.

The court approved the City of Joondalup Leisure Centres Casual Workforce Enterprise Agreement 2016, subject to the conditions outlined in the judgment. The agreement was deemed to be fair and reasonable, meeting all statutory requirements under the Fair Work Act. The court's decision provided clarity and certainty for both the City of Joondalup and its casual workforce, ensuring that the terms of employment were legally sound and in compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established