DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Joondalup
(AG2017/314)

CITY OF JOONDALUP OUTSIDE WORKFORCE ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER ROE	MELBOURNE, 23 FEBRUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Joondalup Outside 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] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union; and Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 February 2017 and, in accordance with s.54, will operate from 2 March 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the City of Joondalup applied for approval of the Outside Workforce Enterprise Agreement 2016, which sought to regulate the terms and conditions of employment for its outside workforce. The application was brought in accordance with the Fair Work Act 2009, specifically section 231, which mandates that enterprise agreements be approved by the Commission before they can be registered and thus have legal effect.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, including whether it complied with the 'better off overall test', and whether it contained all the prescribed terms. Furthermore, the Commission needed to determine if the agreement was made in good faith and whether it was free from any illegality.

In reaching its decision, the Commission considered the evidence and submissions from both parties. It found that the agreement was procedurally sound and had been made in good faith. The Commission was satisfied that the agreement met the better off overall test, as it provided for a fair balance of benefits and detriments for the employees. Additionally, the Commission determined that all prescribed terms were included, and there were no illegal provisions. Consequently, the Commission approved the application, allowing the agreement to be registered and enforceable.

As a result of the approval, the City of Joondalup Outside Workforce Enterprise Agreement 2016 was registered with the Fair Work Commission, and it became a legally binding contract between the City of Joondalup and its outside workforce, effective from the date of registration.

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