City of Joondalup

[2013] FWCA 9286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Joondalup
(AG2013/11502)

CITY OF JOONDALUP BUILDING MAINTENANCE WORKPLACE AGREEMENT 2013

Local government administration
COMMISSIONER WILLIAMS	PERTH, 6 DECEMBER 2013

Application for approval of the City of Joondalup Building Maintenance Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the City of Joondalup Building Maintenance Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 of the Act 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 13 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Joondalup sought approval of the Building Maintenance Workplace Agreement 2013, which was to govern the employment conditions of its building maintenance employees. The application was made in the Fair Work Commission, with the Building and Construction Trades Employees' Union and the Australian Building and Construction Employees' Union objecting to the approval of the agreement. The unions argued that the agreement did not meet the requirements of the Fair Work Act 2009 for an enterprise agreement to be approved.

The central legal issue before the Commission was whether the proposed agreement complied with the provisions of the Act. Specifically, the unions contended that the agreement did not adequately address the terms and conditions of employment, and that it failed to provide appropriate mechanisms for resolving disputes between employees and the City of Joondalup. The unions also argued that the agreement did not sufficiently protect employees' rights and entitlements.

The Commission considered the provisions of the Fair Work Act and the nature of the proposed agreement. It found that the agreement did not include a number of mandatory terms required by the Act, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The Commission also noted that the agreement did not provide for a proper process for employees to raise and resolve issues or concerns about their employment conditions. As a result, the Commission concluded that the agreement did not meet the requirements of the Act and could not be approved. The City of Joondalup's application for approval of the agreement was therefore dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established