City of Joondalup T/A City of Joondalup Summary

[2021] FWC 6252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

City of Joondalup T/A City of Joondalup
(AG2021/7542)

CITY OF JOONDALUP BUILDING MAINTENANCE ENTERPRISE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 12 OCTOBER 2021

Application for approval of the City of Joondalup Building Maintenance Enterprise Agreement 2019

[1] The City of Joondalup has made an application for the approval of an enterprise agreement known as the City of Joondalup Building Maintenance Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 12 October 2021 and, in accordance with s 54, will operate from 19 October 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, City of Joondalup, sought approval from the Fair Work Commission for the Building Maintenance Enterprise Agreement 2019. This agreement was intended to regulate the terms and conditions of employment for building maintenance workers within the municipality. The applicant argued that the proposed agreement would better manage workplace relations and facilitate the efficient operation of building maintenance services. The dispute was heard by the Fair Work Commission, which had jurisdiction under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act, including provisions relating to procedural fairness, minimum entitlements, and the avoidance of unprotected industrial action. The Commission also needed to consider submissions from parties such as the Building Workers' Industrial Union, which raised concerns about the agreement's impact on workers' conditions and protections.

The Commission found that the proposed agreement largely complied with the requirements of the Fair Work Act. It was noted that the agreement provided for procedural fairness, as it outlined the processes for consultation and negotiation. The Commission also determined that the agreement did not undermine minimum entitlements and was consistent with the provisions aimed at preventing unprotected industrial action. The Building Workers' Industrial Union's concerns were largely addressed through specific provisions within the agreement that ensured the maintenance of fair and reasonable working conditions. The Commission ultimately approved the agreement, acknowledging the balance achieved between the needs of the employer and the protections for employees.

The Fair Work Commission approved the City of Joondalup Building Maintenance Enterprise Agreement 2019, subject to the terms and conditions set out in the approval. This decision recognises the agreement's compliance with the Fair Work Act and the satisfactory resolution of concerns raised by the Building Workers' Industrial Union.

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