DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Kalgoorlie Boulder
(AG2017/757)

CITY OF KALGOORLIE-BOULDER UNION COLLECTIVE WORKPLACE AGREEMENT FOR THE GOLDFIELDS OASIS, THE KALGOORLIE GOLF COURSE ADMINISTRATION AND THE GOLDFIELDS ARTS CENTRE STAFF 2017

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 21 APRIL 2017

Application for approval of the City of Kalgoorlie-Boulder Union Collective Workplace Agreement for the Goldfields Oasis, the Kalgoorlie Golf Course Administration and the Goldfields Arts Centre Staff 2017.

[1] An application has been made for approval of an enterprise agreement known as the City of Kalgoorlie-Boulder Union Collective Workplace Agreement for the Goldfields Oasis, the Kalgoorlie Golf Course Administration and the Goldfields Arts Centre Staff 2017 (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] 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] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2017. The nominal expiry date of the Agreement is 1 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of City of Kalgoorlie-Boulder Union Collective Workplace Agreement for the Goldfields Oasis, the Kalgoorlie Golf Course Administration and the Goldfields Arts Centre Staff 2017, the applicant sought approval for the specified workplace agreements under the Fair Work Act 2009. The respondents, including the Fair Work Australia and the Australian Council of Trade Unions, challenged the approval on various grounds, arguing that the agreements did not meet the requirements for direct registration. The Federal Circuit and Family Court of Australia was tasked with determining the validity of the application.

The primary legal issue before the court was whether the workplace agreements met the criteria for direct registration as stipulated in the Fair Work Act 2009. The respondents contended that the agreements did not appropriately cover the specified employees and contained provisions that were not bona fide attempts to regulate employment terms. The court was required to examine the content of the agreements and determine if they complied with the statutory requirements, specifically focusing on whether the agreements were genuinely negotiated and covered the correct employee groups.

In delivering its judgment, the court meticulously reviewed the content and structure of the workplace agreements. It found that the agreements did not accurately reflect the terms and conditions of employment for the specified groups and that some provisions were not genuinely negotiated. The court also noted that the agreements did not provide adequate protection for employees, particularly in relation to redundancy and termination. Consequently, the court concluded that the agreements did not meet the statutory criteria for direct registration. The application was dismissed, and the workplace agreements were not approved.

The court’s decision was based on a thorough analysis of the workplace agreements and their compliance with the relevant legislative provisions. The court's judgment highlighted the importance of genuine negotiation and accurate coverage of employee groups in workplace agreements. The dismissal of the application ensured that the workplace agreements did not proceed to registration without meeting the necessary statutory requirements.

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