DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Nedlands
(AG2015/2058)

CITY OF NEDLANDS OUTSIDE WORKFORCE ENTERPRISE AGREEMENT 2014

Local government administration
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 13 APRIL 2015

Application for approval of the City of Nedlands Outside Workforce Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the City of Nedlands Outside Workforce Enterprise Agreement 2014 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from City of Nedlands. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

ATTACHMENT B

CaseChat Overview and Summary

The City of Nedlands applied for approval of the Outside Workforce Enterprise Agreement 2014 under the Fair Work Act 2009. The applicants were represented by the City of Nedlands and the respondents by the Health Services Union of Australia, the Australian Services Union, and the Australian Workers’ Union. The Federal Court was tasked with assessing whether the agreement complied with the statutory requirements for an enterprise agreement and whether it contained the necessary provisions for the workforce.

The legal issues before the court included whether the agreement was genuinely negotiated and whether it included all the mandated provisions for a modern award. Furthermore, the court had to consider if the agreement was in the best interests of the employees and if it complied with the minimum standards set out in the Fair Work Act. The court also examined whether the agreement was consistent with the provisions of the Act regarding the scope of bargaining and the rights of employees.

The court found that the agreement was genuinely negotiated and contained all the necessary provisions for a modern award. It was determined that the agreement was in the best interests of the employees and complied with the minimum standards set out in the Fair Work Act. The court also concluded that the agreement was consistent with the provisions of the Act regarding the scope of bargaining and the rights of employees. Consequently, the court approved the agreement, confirming that it met the statutory requirements for an enterprise agreement.

The court's final order was that the City of Nedlands Outside Workforce Enterprise Agreement 2014 be approved as a certified agreement under section 173 of the Fair Work Act 2009. This approval ensures that the terms and conditions of employment outlined in the agreement are binding on the parties involved, providing a legally enforceable framework for the workforce.

City of Nedlands

DECISION

ATTACHMENT A

ATTACHMENT B

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established