DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Kwinana
(AG2016/5662)

CITY OF KWINANA COLLECTIVE AGREEMENT 2016

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 21 OCTOBER 2016

Application for approval of the City of Kwinana Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Kwinana Collective Agreement 2016 (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 Kwinana. 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 October 2016. The nominal expiry date of the Agreement is 8 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the City of Kwinana, which sought approval for the 2016 Collective Agreement. This agreement governed the employment conditions of certain municipal employees. The matter was brought before the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and the applicable award, and if it met the criteria for an enterprise agreement under the Act. Specific concerns included the agreement's provisions on remuneration, classification of roles, and procedural fairness.

The Commission examined the evidence and submissions from both the City of Kwinana and the employees' representatives. It found that the agreement complied with the legislative requirements and was appropriately negotiated. The Commission emphasised the importance of procedural fairness in the negotiation process and noted that all parties had been given adequate opportunity to present their case. The agreement was approved on the basis that it met the necessary criteria for an enterprise agreement.

The Commission ordered the approval of the City of Kwinana Collective Agreement 2016, subject to the terms and conditions set out in the agreement.

City of Kwinana

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established