City of Joondalup T/A City of Joondalup Summary

[2019] FWCA 6955

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

City of Joondalup T/A City of Joondalup

(AG2019/3168)

City of Joondalup Inside Workforce Enterprise Agreement 2018

Local government administration
Commissioner Gregory	MELBOURNE, 8 OCTOBER 2019

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

An application has been made for approval of an enterprise agreement known as the City of Joondalup Inside Workforce Enterprise Agreement 2018 (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 T/A City of Joondalup. The Agreement is a single enterprise agreement.

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 Australian Municipal, Administrative, Clerical and Services 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, City of Joondalup, sought approval for the Inside Workforce Enterprise Agreement 2018. The agreement was to be approved under section 233 of the Industrial Relations Act 1999. The applicant argued that the agreement was necessary for the efficient operation of its services, particularly given the workforce's unique needs and the nature of their work. The application was contested by several unions and individuals who raised concerns about the fairness and effectiveness of the agreement.

The primary legal issues before the court were whether the agreement was fit for purpose and whether it met the statutory requirements for approval. The court had to consider if the agreement was necessary for the efficient provision of services and if it was made in good faith. Furthermore, the court needed to determine if the agreement was fair and reasonable, taking into account the interests of all parties involved.

The court found that the City of Joondalup had demonstrated a clear need for the Inside Workforce Enterprise Agreement 2018 to ensure the efficient operation of its services. The applicant provided extensive evidence of the unique working conditions and the specific needs of the workforce. The court was satisfied that the agreement was made in good faith and that it was necessary for the efficient provision of services. Additionally, the court found that the agreement was fair and reasonable, considering the interests of all parties involved. The court approved the agreement, recognising its necessity for the effective management of the City of Joondalup's services.

City of Joondalup T/A City of Joondalup

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established