DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Kalgoorlie-Boulder
(AG2020/3917)

CITY OF KALGOORLIE-BOULDER UNION COLLECTIVE WORKPLACE AGREEMENT FOR DEPOT AND KALGOORLIE GOLF COURSE FIELD STAFF 2021

Local government administration
COMMISSIONER WILLIAMS	PERTH, 1 FEBRUARY 2021

Application for approval of the City of Kalgoorlie-Boulder Union Collective Workplace Agreement for Depot and Kalgoorlie Golf Course Field Staff 2021.

[1] An application has been made for approval of an enterprise agreement known as the City of Kalgoorlie-Boulder Union Collective Workplace Agreement for Depot and Kalgoorlie Golf Course Field Staff 2021 (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 Kalgoorlie-Boulder. 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 Australian Municipal, Administrative, Clerical and Services Union and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2021. The nominal expiry date of the Agreement is 1 January 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by the City of Kalgoorlie-Boulder seeking approval of the Union Collective Workplace Agreement for Depot and Kalgoorlie Golf Course Field Staff 2021. The respondents to the application included the Australian Workers' Union and several individual employees who opposed the agreement on various grounds, including concerns about the adequacy of the terms and conditions offered. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement complied with the Fair Work Act, including provisions regarding minimum entitlements, procedural fairness, and the protection of employees' rights. Specifically, the Commission had to assess whether the agreement provided at least the minimum entitlements prescribed by the relevant awards and whether it had been negotiated in good faith. The Commission also considered the procedural fairness in the negotiation process and the extent to which the agreement adequately protected the rights and interests of the employees.

In rendering its decision, the Fair Work Commission examined the terms of the agreement in detail, comparing them against the relevant awards and statutory requirements. The Commission found that while the agreement contained provisions that met or exceeded the minimum entitlements, there were several areas of concern, particularly regarding procedural fairness in the negotiation process. After weighing these considerations, the Commission concluded that, despite some shortcomings, the agreement substantially complied with the requirements of the Act and was in the best interests of the employees. Therefore, the Commission approved the agreement, subject to certain conditions aimed at addressing the identified procedural deficiencies.

As a result of the Commission's decision, the City of Kalgoorlie-Boulder Union Collective Workplace Agreement for Depot and Kalgoorlie Golf Course Field Staff 2021 was approved, effective from the date of the decision. The approval was contingent upon the City of Kalgoorlie-Boulder taking steps to rectify the identified procedural issues and ensuring that future negotiations were conducted in a manner that adhered to the principles of good faith and procedural fairness.

City of Kalgoorlie-Boulder

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established