DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Rockingham
(AG2018/4723)

CITY OF ROCKINGHAM ENTERPRISE AGREEMENT 2018

Local government administration
COMMISSIONER LEE	MELBOURNE, 24 JANUARY 2019

Application for approval of the City of Rockingham Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the City of Rockingham Enterprise Agreement 2018 (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 Rockingham. The Agreement is a single enterprise agreement.

[2] The Employer 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 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2019. The nominal expiry date of the Agreement is 1 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Rockingham sought approval for its 2018 Enterprise Agreement through the Fair Work Commission. The agreement was to govern the employment conditions of its municipal officers. The legal issue before the Commission was whether the proposed agreement met the necessary standards and requirements under the applicable industrial laws, particularly whether it provided fair and reasonable terms for the employees.

The Fair Work Commission examined the proposed agreement clause by clause, focusing on whether it complied with the Fair Work Act and other relevant industrial instruments. The Commission considered factors such as the adequacy of the wages and conditions, the fairness of the agreement to both the employer and employees, and whether it met the "better off overall test". After careful consideration, the Commission found that the agreement provided fair and reasonable terms and conditions for the employees. It also concluded that the agreement met the better off overall test, ensuring that the employees would not be worse off financially or in terms of conditions.

As a result, the Fair Work Commission approved the City of Rockingham Enterprise Agreement 2018. This decision sets a precedent for similar agreements in municipal settings, ensuring that the terms and conditions are fair and meet the statutory requirements. The approval allows the City of Rockingham to implement the agreement, providing clarity and stability for both the council and its employees.

City of Rockingham

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established