DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Melville
(AG2018/7426)

CITY OF MELVILLE AND THE COMMUNITY SAFETY SERVICE ENTERPRISE BARGAINING AGREEMENT 2018

Local government administration
COMMISSIONER WILLIAMS	PERTH, 29 JULY 2019

Application for approval of the City of Melville and the Community Safety Service Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the City of Melville and the Community Safety Service Enterprise Bargaining Agreement 2018 (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 Melville. 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.

[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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 30 June 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of the City of Melville, the applicants sought approval of the Community Safety Service Enterprise Bargaining Agreement 2018. The application was brought before the Fair Work Commission, where the applicants argued that the agreement was in the best interest of the employees and the city council. The dispute centred around the terms and conditions of employment for the community safety services within the City of Melville.

The primary legal issue before the court was whether the proposed agreement complied with the Fair Work Act 2009, particularly in terms of whether it met the requirements for a valid enterprise agreement. The court needed to determine if the agreement was made in good faith, if it covered the appropriate employees, and if it provided for proper dispute resolution mechanisms. Additionally, the court had to assess whether the agreement appropriately balanced the interests of both the employees and the employer.

The court found that the agreement was made in good faith and covered the appropriate employees, as it was negotiated between the City of Melville and the union representing the community safety services employees. The court also determined that the agreement provided for proper dispute resolution mechanisms, including the ability to refer disputes to the Fair Work Commission. Furthermore, the court concluded that the agreement appropriately balanced the interests of both parties, taking into account the need for the city council to maintain efficient and effective community safety services while also ensuring fair treatment for the employees.

As a result, the Fair Work Commission approved the City of Melville and the Community Safety Service Enterprise Bargaining Agreement 2018, finding it to be compliant with the Fair Work Act 2009. The agreement was thus ratified and would come into effect as of the date of the commission's approval.

City of Melville

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established