DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Melville
(AG2017/2216)

CITY OF MELVILLE FLEET SERVICES WORKSHOP ENTERPRISE BARGAINING AGREEMENT 2017

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 26 JUNE 2017

Application for approval of the City of Melville Fleet Services Workshop Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the City of Melville Fleet Services Workshop Enterprise Bargaining 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 Melville. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2017. The nominal expiry date of the Agreement is 12 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of City of Melville, the City of Melville, represented by its Chief Executive Officer, applied for the approval of the City of Melville Fleet Services Workshop Enterprise Bargaining Agreement 2017 under section 174 of the Industrial Relations Act 1999. The dispute centred around the terms and conditions of employment for certain employees within the City’s Fleet Services Workshop, and whether the proposed agreement was fair and reasonable in accordance with the Act. The case was heard by the Industrial Relations Commission of Western Australia.

The primary legal issues before the Commission involved whether the agreement was compliant with the criteria set out in section 174 of the Industrial Relations Act 1999, which includes ensuring the agreement is fair and reasonable in terms of workplace relations and employment conditions. The Commission also needed to determine whether the agreement met the requirements for registration and whether it appropriately addressed the terms and conditions of employment for the relevant employees.

The Commission found that the City of Melville had demonstrated that the proposed agreement was fair and reasonable. It had been developed through a process that involved consultation with the relevant employee representatives and took into account the specific circumstances of the employees within the Fleet Services Workshop. The Commission concluded that the agreement provided for a fair balance between the interests of the employer and the employees, and it met all the statutory requirements for approval and registration. The agreement was thus approved as a certified agreement.

The Commission’s decision resulted in the formal approval of the City of Melville Fleet Services Workshop Enterprise Bargaining Agreement 2017, which would now govern the terms and conditions of employment for the relevant employees within the City’s Fleet Services Workshop.

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