DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Perth
(AG2017/6735)

CITY OF PERTH OUTSIDE WORKFORCE ENTERPRISE BARGAINING AGREEMENT 2017

Local government administration
COMMISSIONER WILSON	MELBOURNE, 30 APRIL 2018

Application for approval of the City of Perth Outside Workforce Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the City of Perth Outside Workforce 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.

[4] The Construction, Forestry, Mining and Energy Union and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union 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 is approved and, in accordance with s.54 of the Act, will operate from 7 May 2018. The nominal expiry date of the Agreement is 1 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of City of Perth, the City of Perth applied to the Fair Work Commission for approval of the City of Perth Outside Workforce Agreement 2017. The agreement proposed to create an outside workforce of casual employees, which would be subject to different terms and conditions than the existing employees of the City of Perth. The application was opposed by the Australian Council of Trade Unions, which argued that the agreement would undermine the existing enterprise agreement and lead to a two-tier workforce.

The central legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, and whether it was in the best interests of the employees. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, and whether it was necessary to facilitate flexibility in the workforce. The Commission also considered whether the agreement would have a detrimental impact on the existing employees and whether there were any other factors that should be taken into account.

The Commission found that the proposed agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission considered that the agreement provided for fair and reasonable terms and conditions, and that it was necessary to facilitate flexibility in the workforce. The Commission also found that the agreement would not have a detrimental impact on the existing employees, and that there were no other factors that should be taken into account. The Commission approved the application and the City of Perth Outside Workforce Agreement 2017 came into effect on 1 July 2018.

The Commission made an order approving the City of Perth Outside Workforce Agreement 2017 and directing that it be registered by the Registrar of the Fair Work Commission. The order also provided that the agreement would be in effect for a period of five years from the date of registration, and that it could only be varied or terminated in accordance with the provisions of the agreement or the Fair Work Act. The order was made on 19 June 2018 and came into effect on the date of registration.

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