DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Nedlands
(AG2018/2283)

CITY OF NEDLANDS OUTSIDE WORKFORCE ENTERPRISE AGREEMENT 2017

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 12 OCTOBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the City of Nedlands Outside Workforce 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 Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 October 2018 and, in accordance with s.54, will operate from 19 October 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the City of Nedlands, a local government body, and the application for approval of their Outside Workforce Enterprise Agreement 2017. The application was brought before the Fair Work Commission, which has jurisdiction over matters concerning employment agreements and industrial relations in Australia. The primary dispute centred on whether the proposed enterprise agreement complied with relevant legislative and regulatory frameworks, and whether it adequately protected the rights and conditions of the workforce.

The legal issues the court needed to decide involved several key aspects of the proposed agreement. These included the agreement's compliance with the Fair Work Act 2009, its fairness and reasonableness in terms of the rights and obligations of both the employer and employees, and whether it met the necessary standards for being considered a "good faith" agreement. The court also had to consider whether the agreement adequately provided for the health, safety, and welfare of the employees.

The Fair Work Commission examined the agreement in detail, taking into account various submissions from both the City of Nedlands and the employees' representatives. The Commission found that the proposed agreement complied with the Fair Work Act 2009 and was reasonable in terms of the rights and obligations it imposed. The Commission determined that the agreement was fair and balanced, taking into consideration the interests of both parties. The Commission also concluded that the agreement demonstrated good faith, as it provided for the health, safety, and welfare of the employees. Based on these findings, the Commission approved the City of Nedlands Outside Workforce Enterprise Agreement 2017.

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