City of Melville Summary

[2013] FWCA 38

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

City of Melville
(AG2012/13092)

CITY OF MELVILLE FLEET SERVICES WORKSHOP ENTERPRISE BARGAINING AGREEMENT 2012

Local government administration
COMMISSIONER CLOGHAN	PERTH, 14 JANUARY 2013

Application for approval of the City of Melville Fleet Services Workshop Enterprise Bargaining Agreement 2012.

[1] On 19 December 2012, the City of Melville made application for approval of a single enterprise agreement to be known as the City of Melville Fleet Services Workshop Enterprise Bargaining Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 12 December 2012.

[3] Fair Work Australia must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Tribunal, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) has declared that the AMWU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AWMU supports the approval of the Agreement by FWA and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AMWU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 21 January 2013.

[6] The nominal expiry date of this Agreement is 12 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of City of Melville, the City sought approval from the Fair Work Commission of an enterprise bargaining agreement for the City of Melville Fleet Services Workshop Enterprise Bargaining Agreement 2012. The applicant, the City of Melville, sought to finalise the agreement to formalise the terms and conditions of employment for employees within the Fleet Services Workshop. The dispute centred on whether the proposed agreement complied with the relevant legislative and regulatory frameworks, including the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval, including whether it provided for a fair and efficient workplace, and whether it adhered to the procedural requirements for enterprise bargaining agreements.

The legal issues before the Commission included whether the proposed agreement complied with the statutory requirements for enterprise agreements, and whether it appropriately balanced the interests of both the employer and the employees. The Commission also considered whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. Furthermore, the Commission needed to ensure that the agreement did not contain any terms that would be contrary to public policy or be otherwise unenforceable.

The Fair Work Commission found that the City of Melville Fleet Services Workshop Enterprise Bargaining Agreement 2012 met the necessary criteria for approval. The Commission concluded that the agreement was made in good faith, provided for a fair and efficient workplace, and adhered to the procedural requirements set out in the Fair Work Act 2009. The Commission noted that the agreement appropriately balanced the interests of the City and the employees, and that it did not contain any terms that were contrary to public policy or unenforceable. Consequently, the Commission approved the agreement, thereby finalising the terms and conditions of employment for employees within the Fleet Services Workshop.

City of Melville

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established