DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Joondalup
(AG2016/8098)

CITY OF JOONDALUP BUILDING MAINTENANCE ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 16 JANUARY 2017

Application for approval of the City of Joondalup Building Maintenance Enterprise Agreement 2016.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the City of Joondalup and its Building Maintenance Enterprise Agreement 2016. The application for approval of the agreement was made by the City of Joondalup to the Fair Work Commission. The City of Joondalup sought approval for the agreement under section 234 of the Fair Work Act 2009, which allows for the making of an agreement that provides for terms and conditions of employment that are more favourable than the relevant national workplace determination. The legal issues before the court were whether the agreement met the requirements of section 234 of the Act, and whether the agreement was in the public interest.

The Fair Work Commission found that the agreement met the requirements of section 234 of the Act. The agreement provided for terms and conditions of employment that were more favourable than the relevant national workplace determination and was considered to be in the public interest. The Commission found that the agreement provided for appropriate mechanisms for the resolution of disputes, and that the agreement would not have an adverse effect on the efficiency, effectiveness or efficiency of the City of Joondalup. The Commission approved the agreement and made an order under section 235 of the Act approving the agreement.

The City of Joondalup obtained the approval it sought for its Building Maintenance Enterprise Agreement 2016. The Fair Work Commission found that the agreement met the requirements of section 234 of the Fair Work Act 2009 and was in the public interest. The agreement was approved, and an order was made under section 235 of the Act approving the agreement.

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