City of Kwinana

[2014] FWCA 1356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Kwinana
(AG2014/112)

CITY OF KWINANA COLLECTIVE AGREEMENT 2013

Local government administration
COMMISSIONER WILLIAMS	PERTH, 26 FEBRUARY 2014

Application for approval of the City of Kwinana Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the City of Kwinana Collective Agreement 2013 (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 Kwinana. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Local Government Racing and Cemeteries Employees 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2014. The nominal expiry date of the Agreement is 8 September 2016.

COMMISSIONER

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the City of Kwinana Collective Agreement 2013. The City of Kwinana, an applicant, sought approval from the Fair Work Commission (FWC) for the agreement which had been entered into between the city and its employees represented by the Municipal and Shire Officers Association (MSOA). The dispute centred on whether the terms of the collective agreement complied with the relevant legislative provisions and whether it was in the interests of the employees and the city. The matter was heard in the Fair Work Commission, a federal statutory tribunal with jurisdiction over employment and workplace relations matters.

The primary legal issue before the FWC was whether the terms of the collective agreement were consistent with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. This involved examining whether the agreement contained any terms that were contrary to the general protections provided by the Act, and whether it complied with the statutory minimum standards for employment conditions. Additionally, the FWC had to consider whether the agreement was fair and reasonable in the context of the bargaining process and the interests of both parties. The FWC also had to determine whether the agreement appropriately balanced the rights and obligations of the city and its employees.

In delivering its decision, the FWC found that the City of Kwinana Collective Agreement 2013 was generally consistent with the statutory requirements and was fair and reasonable. The FWC noted that the agreement contained terms that were in line with the minimum standards set by the legislation, and it did not contravene any of the general protections provisions. The FWC also concluded that the agreement appropriately reflected the outcomes of good faith bargaining between the parties. Therefore, the FWC approved the agreement, subject to certain conditions, and the City of Kwinana was able to implement the terms as intended.

The Fair Work Commission approved the City of Kwinana Collective Agreement 2013, subject to specific conditions, recognising it as compliant with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission found that the agreement was fair and reasonable, balanced the rights and obligations of both parties, and reflected good faith bargaining. The approval allowed the City of Kwinana to implement the agreement in accordance with the terms specified by the FWC.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established