City of Nedlands

[2013] FWCA 8159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Nedlands
(AG2013/9702)

CITY OF NEDLANDS ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER WILLIAMS	PERTH, 18 OCTOBER 2013

Application for approval of the City of Nedlands Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the City of Nedlands Enterprise Agreement 201 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the City of Nedlands. The Agreement is a single-enterprise agreement.

[2] 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] 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) of the Act 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 25 October 2013. The nominal expiry date of the Agreement is 25 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Nedlands sought approval of an enterprise agreement, the City of Nedlands Enterprise Agreement 2013, from the Fair Work Commission. The agreement was to govern the terms and conditions of employment for certain employees of the city council. The nature of the dispute was focused on whether the agreement complied with the requirements of the Fair Work Act 2009, specifically whether it met the criteria for a low paid workforce agreement.

The key legal issues before the court involved interpreting and applying the statutory provisions of the Fair Work Act 2009. The central question was whether the City of Nedlands Enterprise Agreement 2013 was consistent with the legislative framework designed to protect the interests of low paid workers. The court had to determine if the agreement was procedurally valid and substantively fair, taking into account the rights and protections afforded to employees under the Act.

The court examined the agreement's procedural validity by reviewing the process by which it was negotiated and agreed upon. It was established that the agreement had been negotiated in good faith and with proper consultation. The court also assessed the substantive fairness of the agreement, focusing on the terms and conditions it provided. The agreement was found to be fair and reasonable, offering adequate protections and benefits for the employees. Given these findings, the court approved the City of Nedlands Enterprise Agreement 2013.

The court's decision was communicated through a formal order approving the enterprise agreement, which took effect upon the court's approval. This ruling ensured that the terms of the agreement would apply to the specified employees, providing them with the protections and benefits outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established