DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Mandurah
(AG2021/5806)

CITY OF MANDURAH ENTERPRISE AGREEMENT 2021

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 JULY 2021

Application for approval of the City of Mandurah Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the City of Mandurah Enterprise Agreement 2021 (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.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 66.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 9.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU), Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities Water Boards Union (LGRCEU) 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.

[6] The Agreement was approved on 22 July 2021 and, in accordance with s.54, will operate from 29 July 2021. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the City of Mandurah for the approval of the City of Mandurah Enterprise Agreement 2021. The applicant sought to have the agreement, which outlined the terms and conditions of employment for its employees, approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval and whether it provided fair and reasonable terms for the employees involved.

The legal issues that the Commission was required to decide included whether the agreement had been genuinely negotiated between the parties, whether it contained minimum terms and conditions as required by the Fair Work Act, and whether it provided for fair and reasonable terms for the employees. The Commission also needed to determine if the agreement complied with the procedural requirements for approval, such as the appropriate notification and consultation processes.

In reaching its decision, the Commission considered the evidence presented by both the City of Mandurah and the employees' representative. It examined the negotiation process, the terms of the agreement, and the consultation process. The Commission found that the agreement had been genuinely negotiated, contained the required minimum terms, and provided fair and reasonable terms for the employees. Additionally, the Commission was satisfied that the appropriate procedural requirements had been followed. Based on these findings, the Commission approved the City of Mandurah Enterprise Agreement 2021.

The final orders of the Commission included the approval of the City of Mandurah Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision was binding on the parties and provided a framework for the terms and conditions of employment for the relevant employees.

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