DECISION

Fair Work Act 2009
s.210—Enterprise agreement

City of Joondalup T/A City of Joondalup
(AG2020/1759)

CITY OF JOONDALUP INSIDE WORKFORCE ENTERPRISE AGREEMENT 2018

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JUNE 2020

Application for variation of the City of Joondalup Inside Workforce Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the City of Joondalup Inside Workforce Enterprise Agreement 2018 (the Agreement). The application was made by City of Joondalup T/A City of Joondalup pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 26 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the City of Joondalup, trading as City of Joondalup, the applicant sought to have the City of Joondalup Inside Workforce Enterprise Agreement 2018 varied. The applicant argued that certain terms of the agreement were no longer fair and reasonable in light of changes in the workplace environment, particularly following the COVID-19 pandemic. The case was heard in the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the changes sought by the City of Joondalup were necessary to address the evolving workplace conditions and whether the proposed variations were reasonable. The Commission had to consider the fairness and reasonableness of the proposed changes, the impact on the employees, and the relevance of the pandemic in justifying the changes. Additionally, the Commission assessed if the application met the legal requirements for an amendment to an enterprise agreement under the Fair Work Act.

The Commission found that the changes proposed by the City of Joondalup were necessary and reasonable given the significant changes in the workplace environment due to the COVID-19 pandemic. The Commission concluded that the proposed variations would not adversely affect the employees and were in line with the principles of procedural fairness and reasonableness. The Commission also noted that the pandemic had created a new normal, necessitating adjustments to the enterprise agreement to reflect the current reality. Consequently, the application for variation was approved, and the City of Joondalup Inside Workforce Enterprise Agreement 2018 was amended accordingly.

City of Joondalup T/A 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