City of Mandurah

[2017] FWCA 3166

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

City of Mandurah

(AG2017/1823)

City of Mandurah Enterprise Agreement 2017

Local government administration
Commissioner Lee	MELBOURNE, 8 JUNE 2017

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

An application has been made for approval of an enterprise agreement known as the City of Mandurah Enterprise Agreement 2017 (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 Mandurah. The Agreement is a single enterprise agreement.

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

The Western Australian Shire Councils Municipal Road Boards, Health Boards, Parks, Cemeteries & Racecourses, Public Authorities Water Boards Union, the Construction, Forestry, Mining, Energy Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, and the Australian Services Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2017. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Mandurah applied for approval of the Enterprise Agreement 2017. The applicant sought to establish terms and conditions of employment for its employees under this agreement. The Fair Work Commission was the court in this case.

The central legal issues revolved around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, did not unfairly discriminate, and was consistent with relevant national employment standards.

In reaching its decision, the Commission considered the submissions from both parties and the broader context of industrial relations. It found that the proposed agreement did not unfairly discriminate and provided for fair and reasonable terms and conditions. The Commission also noted that the agreement was consistent with the national employment standards and did not contain any provisions that would significantly undermine the operation of any safety or health law. Therefore, the Commission approved the City of Mandurah Enterprise Agreement 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established