DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Perth
(AG2017/5526)

CITY OF PERTH SALARIED OFFICERS’ AGREEMENT 2017

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 APRIL 2018

Application for approval of the City of Perth Salaried Officers’ Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the City of Perth Salaried Officers’ 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 Perth. 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] The Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 30 April 2018 and, in accordance with s.54, will operate from 7 May 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the City of Perth seeking approval for the Salaried Officers’ Agreement 2017 from the Industrial Relations Commission of Western Australia. The agreement, which was to govern the employment conditions of salaried officers within the City of Perth, was contested by the Public Sector Union, which argued that certain provisions were unfavourable to the employees. The commission was tasked with determining whether the agreement met the necessary standards under the relevant industrial relations legislation.

The primary legal issues before the commission were whether the agreement was consistent with the statutory requirements for approved agreements, particularly focusing on provisions related to remuneration, hours of work, and other employment conditions. The commission had to assess if the agreement provided fair and equitable terms for the salaried officers while also considering the broader implications for the employer-employee relationship within the public sector.

In its decision, the commission examined the specific provisions of the agreement and considered submissions from both parties. The commission found that while some aspects of the agreement were contentious, overall, the terms were fair and reasonable. The commission concluded that the agreement met the necessary standards under the relevant legislation, and therefore, granted approval for the City of Perth Salaried Officers’ Agreement 2017. The commission’s reasoning was grounded in a balanced consideration of the interests of both the employees and the employer.

The final orders of the commission were that the City of Perth Salaried Officers’ Agreement 2017 be approved and registered under the relevant industrial relations legislation. The commission emphasised that the approval was subject to compliance with the terms of the agreement and the ongoing duty to negotiate in good faith.

City of Perth

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established