City of Joondalup T/A Joondalup Reception Centre Summary

[2022] FWCA 4345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

City of Joondalup T/A Joondalup Reception Centre

(AG2022/4976)

City of Joondalup Outside Workforce Enterprise Agreement 2021

Local government administration
DEPUTY PRESIDENT BOYCE	SYDNEY, 12 DECEMBER 2022

Application for approval of the City of Joondalup Outside Workforce Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement to be known as the City of Joondalup Outside Workforce Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by City of Joondalup (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 9 December 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Local Government Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities Water Board Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the City of Joondalup, trading as Joondalup Reception Centre, seeking approval for the Outside Workforce Enterprise Agreement 2021. The application was made to the Fair Work Commission, which was tasked with assessing whether the agreement complied with relevant industrial laws and if it was fair and reasonable for the employees involved.

The primary legal issues before the Commission were whether the agreement met the criteria for a valid enterprise agreement, including if it covered a defined group of employees, if it was made in good faith, and if it contained the required minimum terms and conditions. The Commission also had to consider if the agreement provided fair and reasonable terms for the employees, taking into account the economic and non-economic factors relevant to the case.

In reaching its decision, the Commission examined the submissions from both parties and the evidence presented. It found that the City of Joondalup had demonstrated that the agreement was made in good faith and that it covered a defined group of employees. The Commission also concluded that the agreement contained all the required minimum terms and conditions and that it provided fair and reasonable terms for the employees, considering the specific circumstances of the enterprise and the bargaining positions of the parties. Based on these findings, the Commission approved the Outside Workforce Enterprise Agreement 2021.

The Fair Work Commission approved the Outside Workforce Enterprise Agreement 2021, finding it to be a valid and fair agreement for the employees of the City of Joondalup, trading as Joondalup Reception Centre. The Commission's decision was based on the evidence and submissions presented, confirming that the agreement met all legal requirements and provided fair and reasonable terms for the affected employees.

City of Joondalup T/A Joondalup Reception Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established