City of Rockingham

[2021] FWCA 7052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Rockingham
(AG2021/8671)

CITY OF ROCKINGHAM OUTSIDE WORKFORCE ENTERPRISE AGREEMENT 2020

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 10 DECEMBER 2021

Application for approval of the City of Rockingham Outside Workforce Enterprise Agreement 2020

[1] The City of Rockingham has made an application for the approval of an enterprise agreement known as the City of Rockingham Outside Workforce Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities Water Boards Union (together the organisations),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) of the Act, and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[4] The Agreement was approved on 10 December 2021 and, in accordance with s 54, will operate from 17 December 2021. The nominal expiry date of the Agreement is 1 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the City of Rockingham, which sought approval for the Outside Workforce Enterprise Agreement 2020. The application was brought before the Fair Work Commission. The dispute centred around the terms and conditions of employment for certain employees within the city’s outside workforce. The primary concern was whether the proposed agreement was in line with the relevant industrial legislation and if it appropriately balanced the interests of both the employer and the employees.

The legal issues before the Commission included the validity of specific clauses within the proposed agreement, particularly those relating to pay rates, working conditions, and dispute resolution mechanisms. The Commission had to determine if these provisions were fair and reasonable, and whether they complied with the requirements set forth by the Fair Work Act 2009. Another critical issue was whether the agreement appropriately reflected the terms and conditions of employment for the outside workforce as required by law.

The Fair Work Commission, after thorough examination, found that the majority of the clauses in the proposed agreement were fair and reasonable. The Commission noted that the agreement provided adequate protections for employees and did not disadvantage them. The pay rates and working conditions outlined in the agreement were deemed to be consistent with industry standards. Additionally, the dispute resolution mechanisms were found to be effective and accessible. The Commission concluded that the agreement was fair and warranted approval. Consequently, the City of Rockingham’s application for approval of the Outside Workforce Enterprise Agreement 2020 was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established