City of Joondalup

[2017] FWCA 1073

[2017] FWCA 1073

FAIR WORK COMMISSION

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

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