DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Perth
(AG2014/9975)

CITY OF PERTH SALARIED OFFICERS’ AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 16 DECEMBER 2014

Application for approval of the City of Perth Salaried Officers’ Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the City of Perth Salaried Officers’ 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 Perth. 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 to be read together with the undertaking given by the employer in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2014. The nominal expiry date of the Agreement is 30 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

SCHEDULE A

CaseChat Overview and Summary

The City of Perth applied for approval of the City of Perth Salaried Officers’ Agreement 2014, which sought to regulate the employment terms and conditions of salaried officers. The application was heard by the Fair Work Commission, which had to decide whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement provided for the protection of the officers' terms and conditions of employment and provided an appropriate framework for resolving disputes between the officers and the employer. The Commission also had to consider whether the agreement provided for the protection of the officers' health and safety and whether it complied with the principles of good faith bargaining.

The Commission found that the agreement provided for the protection of the officers' terms and conditions of employment and provided an appropriate framework for resolving disputes. The Commission also found that the agreement provided for the protection of the officers' health and safety and complied with the principles of good faith bargaining. The Commission approved the agreement on the basis that it met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the City of Perth Salaried Officers’ Agreement 2014. The Commission found that the agreement provided for the protection of the officers' terms and conditions of employment and provided an appropriate framework for resolving disputes. The Commission also found that the agreement provided for the protection of the officers' health and safety and complied with the principles of good faith bargaining. The Commission approved the agreement on the basis that it met the statutory requirements for approval under the Fair Work Act 2009.

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