DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Joondalup
(AG2017/916)

CITY OF JOONDALUP INSIDE WORKFORCE ENTERPRISE AGREEMENT 2016

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 MAY 2017

Application for approval of the City of Joondalup Inside Workforce Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Joondalup Inside 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.

[2] 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 5 May 2017 and, in accordance with s.54, will operate from 12 May 2017. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The City of Joondalup applied for the approval of the City of Joondalup Inside Workforce Enterprise Agreement 2016. The application was heard by the Fair Work Commission. The agreement, which covered employees of the City of Joondalup, was being sought under the Fair Work Act 2009, which mandates that such agreements be approved if certain criteria are met.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act, including whether it was made in good faith and for the purpose of creating a workplace relationship. The Commission had to consider the process by which the agreement was formed, the fairness of its terms, and whether it complied with the statutory provisions. Additionally, the Commission needed to assess whether the agreement would have a detrimental effect on employees or the community.

The Fair Work Commission examined the evidence and submissions presented, including the bargaining process, the content of the agreement, and the views of the employees. The Commission determined that the agreement was made in good faith and for the purpose of creating a workplace relationship. It found that the agreement's terms were fair and not detrimental to the employees or the community. The process by which the agreement was formed was also deemed to be appropriate and transparent.

Consequently, the Commission approved the City of Joondalup Inside Workforce Enterprise Agreement 2016. The decision was made on the basis that the agreement met all the necessary statutory requirements and did not have any adverse effects on the employees or the broader community. The approval signified that the agreement could now be implemented as a legally binding contract between the City of Joondalup and its employees.

City of Joondalup

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established