DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Karratha
(AG2019/4543)

CITY OF KARRATHA ENTERPRISE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 3 FEBRUARY 2020

Application for approval of the City of Karratha Enterprise Agreement 2019.

[1] City of Karratha has made an application for the approval of an enterprise agreement known as the City of Karratha 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 statutory declaration, 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 Australian Municipal, Administrative, Clerical and Services Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 3 February 2020 and, in accordance with s 54, will operate from 10 February 2020. The nominal expiry date of the Agreement is 25 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Karratha brought an application before the Fair Work Commission seeking approval of the City of Karratha Enterprise Agreement 2019. The application was brought pursuant to section 230 of the Fair Work Act 2009. The City of Karratha sought the approval of the agreement under the "good faith" provision, as the City of Karratha and the relevant union had been unable to reach an agreement through conciliation and arbitration. The union argued that the application should be dismissed as the agreement did not meet the requirements of the Act.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under section 230 of the Act. The Commission considered whether the agreement had been made in good faith and whether it contained the necessary provisions regarding wages and other conditions of employment. The Commission also considered whether the agreement complied with the relevant provisions of the National Employment Standards.

The Commission found that the agreement had been made in good faith and contained the necessary provisions regarding wages and other conditions of employment. The Commission also found that the agreement complied with the relevant provisions of the National Employment Standards. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both the City of Karratha and its employees. The union's application to dismiss the matter was rejected. The Commission made an order approving the City of Karratha Enterprise Agreement 2019.

City of Karratha

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established