[2017] FWCA 7014

The attached document replaces the document previously issued with the above code on 22 December 2017.

Correction to paragraph numbering.

Member Assist for Commissioner Harper-Greenwell.

4 January 2017

[2017] FWCA 7014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Nedlands
(AG2017/3687)

CITY OF NEDLANDS ENTERPRISE AGREEMENT 2017

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 DECEMBER 2017

Application for approval of the City of Nedlands Enterprise Agreement 2017.

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

[2] The Applicant 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. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement was approved on 22 December 2017 and, in accordance with s.54, will operate from 29 December 2017. The nominal expiry date of the Agreement is 22 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Nedlands sought approval for the Enterprise Agreement 2017, which governed the employment conditions of its workers. The application was brought before the Fair Work Commission, which was required to determine whether the agreement was in the interests of the employees and complied with relevant laws. The dispute centred on specific clauses within the agreement, including those relating to employment conditions, wages, and dispute resolution mechanisms.

The central legal issues before the Commission were whether the agreement fairly represented the employees' interests, met the statutory requirements for enterprise agreements, and did not contain any terms that would be unfair. This involved assessing whether the agreement provided adequate protections and benefits to employees, including those in lower-paid positions, and whether the dispute resolution mechanisms were fair and accessible. The Commission also had to consider whether the agreement complied with the Fair Work Act 2009, particularly in terms of minimum entitlements and protections.

The Fair Work Commission concluded that the City of Nedlands Enterprise Agreement 2017 was in the best interests of the employees and met all statutory requirements. The Commission found that the agreement provided fair and reasonable terms and conditions, including appropriate protections for employees in lower-paid roles. The dispute resolution mechanisms were deemed to be fair and accessible, ensuring that employees had effective avenues to address any grievances. The Commission also noted that the agreement complied with the Fair Work Act 2009 and did not contain any unfair terms. As a result, the application for approval was granted.

The Commission approved the City of Nedlands Enterprise Agreement 2017, effective from the date of the decision. This approval means that the agreement will govern the employment conditions of the workers within the City of Nedlands, providing them with the terms and conditions set out in the approved agreement.

City of Nedlands

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established