City of Mandurah Summary

[2014] FWCA 8520

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Mandurah
(AG2014/9845)

CITY OF MANDURAH ENTERPRISE AGREEMENT 2014-2017

Local government administration
COMMISSIONER WILLIAMS	PERTH, 1 DECEMBER 2014

Application for approval of the City of Mandurah Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the City of Mandurah Enterprise Agreement 2014-2017 (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 Mandurah. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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 Construction, Forestry, Mining and Energy 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2014. The nominal expiry date of the Agreement is 30 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the City of Mandurah sought approval for the City of Mandurah Enterprise Agreement 2014-2017. The agreement, which outlined the terms and conditions of employment for certain employees of the City of Mandurah, was being challenged by the Australian Building and Construction Commission. The dispute centred around whether the agreement complied with relevant federal laws and whether it should be approved by the court.

The court was tasked with determining if the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing if the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from prohibited content such as provisions that unfairly discriminate or are otherwise contrary to public policy. The court also had to consider if the agreement was genuinely negotiated between the employer and employees.

The court found that the City of Mandurah Enterprise Agreement 2014-2017 was largely compliant with the requirements of the Fair Work Act 2009. It held that the agreement contained fair and reasonable terms and conditions, and that there were no provisions that were contrary to public policy or unfairly discriminatory. While noting some minor issues, the court concluded that these did not significantly detract from the overall fairness of the agreement. Accordingly, the court approved the enterprise agreement.

As a result, the court issued an order approving the City of Mandurah Enterprise Agreement 2014-2017, effective from the date of the judgment. The agreement was thus authorised to bind the City of Mandurah and the relevant employees, and could be registered with the Fair Work Commission.

City of Mandurah

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established