City Of Perth T/A City Of Perth

[2022] FWCA 4465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City Of Perth T/A City Of Perth

(AG2022/4646)

City of Perth Outside Workforce Enterprise Bargaining Agreement 2021

Local government administration
COMMISSIONER SIMPSON	BRISBANE, 19 DECEMBER 2022

Application for approval of the City of Perth Outside Workforce Enterprise Bargaining Agreement 2021

An application has been made for approval of an enterprise agreement known as the City of Perth Outside Workforce Enterprise Bargaining Agreement 2021 (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 T/A City of Perth (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 2.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union (ASU), the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union (WAMEU) all lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the ASU, CFMMEU and WAMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the City of Perth sought approval for the City of Perth Outside Workforce Enterprise Bargaining Agreement 2021. This agreement pertained to the terms and conditions of employment for the City of Perth's outside workforce. The application for approval was brought before the Commission due to the City of Perth's contention that the agreement was in the best interests of the employees and the organisation. The Commission was tasked with determining whether the proposed agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement complied with the procedural requirements set out in the Fair Work Act and whether it adhered to the standards for good faith bargaining and the best interests of the employees. The City of Perth had to demonstrate that the agreement was reached through genuine and meaningful negotiations with the relevant union or employee representatives. Additionally, the Commission had to assess if the terms of the agreement were fair and reasonable, taking into account the economic and social context in which the agreement was made.

The Commission considered the evidence provided by the City of Perth, including the negotiation process and the content of the proposed agreement. It was noted that the City of Perth had engaged in discussions with the relevant union, which was represented by a certified bargaining agent. The Commission found that the negotiation process was conducted in good faith and that the terms of the agreement were reasonable and in the best interests of the employees. The agreement contained provisions that were fair and balanced, addressing key employment conditions such as wages, working hours, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the proposed agreement met the legal requirements for approval and was in the best interests of the City of Perth's outside workforce.

Consequently, the Commission approved the City of Perth Outside Workforce Enterprise Bargaining Agreement 2021, recognising it as a fair and reasonable agreement that reflected the outcomes of genuine and meaningful negotiations. The approval was granted on the basis that the agreement complied with the procedural and substantive requirements of the Fair Work Act. The decision provided certainty to both the City of Perth and its outside workforce, ensuring that the terms of employment were governed by a legally approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established