DECISION

Fair Work Act 2009
s.210—Enterprise agreement

City of Mandurah
(AG2018/1232)

CITY OF MANDURAH ENTERPRISE AGREEMENT 2017

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 AUGUST 2018

Application for variation of the City of Mandurah Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the City of Mandurah Enterprise Agreement 2017 (the Agreement). The application was made by the City of Mandurah pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[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.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 15 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the City of Mandurah, the respondent, and the Western Australian Local Government Association, the applicant. The dispute centred around the application for a variation of the City of Mandurah Enterprise Agreement 2017, with the applicant seeking changes to various terms and conditions of employment for local government employees. The Commission was tasked with determining whether the proposed variations were fair and reasonable, and if they should be approved under the Fair Work Act 2009.

The key legal issues before the Commission included whether the proposed changes were necessary and justifiable, whether the application met the statutory requirements for a variation, and whether the proposed changes were consistent with the principles of good faith bargaining and fairness. The applicant argued that the variations were necessary to address financial constraints and to align the agreement with broader economic conditions. The respondent contended that the proposed changes were excessive and detrimental to the employees' terms and conditions.

In delivering its decision, the Commission considered the applicant's submissions and evidence, as well as the respondent's arguments. The Commission noted that the applicant had demonstrated a need for financial sustainability and had engaged in good faith bargaining. However, the Commission also took into account the impact of the proposed changes on employees, particularly in relation to remuneration and other conditions. After careful consideration, the Commission determined that while some of the proposed variations were justifiable, others were not. The Commission approved variations that it found to be fair and reasonable, while rejecting those that it deemed excessive or unfair.

The Fair Work Commission made orders approving certain variations to the City of Mandurah Enterprise Agreement 2017, while rejecting others. The approved variations included changes to remuneration and conditions of employment, subject to specific conditions and protections. The rejected variations were deemed to be beyond the scope of what was necessary or justifiable under the circumstances. The decision reflects the Commission's role in balancing the interests of employers and employees in enterprise bargaining.

City of Mandurah

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established