City of Karratha

[2015] FWCA 7580

[2015] FWCA 7580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Karratha
(AG2015/5268)

CITY OF KARRATHA ENTERPRISE AGREEMENT 2015

Local government administration
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2015

Application for approval of the City of Karratha Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the City of Karratha Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City of Karratha. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers, Australia 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 the organisations.

[6] The Agreement was approved on 5 November 2015 and, in accordance with s.54, will operate from 12 November 2015. The nominal expiry date of the Agreement is 25 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE416485  PR573591>

ANNEXURE A