DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Kalgoorlie-Boulder
(AG2016/7499)

CITY OF KALGOORLIE-BOULDER UNION COLLECTIVE WORKPLACE AGREEMENT FOR SALARIED OFFICERS 2016

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2017

Application for approval of the City of Kalgoorlie-Boulder Union Collective Workplace Agreement for Salaried Officers 2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Kalgoorlie-Boulder Union Collective Workplace Agreement for Salaried Officers 2016 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Municipal, Administrative, Clerical and Services 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) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 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, the City of Kalgoorlie-Boulder was the applicant seeking approval for its Union Collective Workplace Agreement for Salaried Officers 2016. The application was heard in the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues at hand involved assessing whether the agreement was consistent with the provisions of the Act, including its compliance with the relevant Fair Work (Registered Organisations) Regulations 2016, and whether it provided for fair terms and conditions for the officers involved.

The Commission undertook a thorough examination of the agreement, considering the requirements of the Act and the regulations. It reviewed the terms and conditions of the agreement, the process through which it was negotiated, and the extent to which it provided for fair and reasonable outcomes for both the employer and the employees. The Commission found that the agreement was generally consistent with the statutory requirements and that it provided for fair and reasonable terms for the officers. The Commission was satisfied that the agreement met the necessary criteria for approval, as it provided for fair and reasonable outcomes, including provisions for wages, conditions, and dispute resolution mechanisms.

As a result of the Commission's findings, the City of Kalgoorlie-Boulder Union Collective Workplace Agreement for Salaried Officers 2016 was approved. The decision confirmed the agreement's compliance with the Fair Work Act and the relevant regulations, providing legal certainty for both the City and the officers involved. The Commission's decision was based on a comprehensive assessment of the agreement's terms and conditions, ensuring that the rights and obligations of both parties were fairly and reasonably provided for. The final orders confirmed the approval of the agreement, effective from the date of the decision.

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