DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Rockingham
(AG2017/6095)

CITY OF ROCKINGHAM OUTSIDE WORKFORCE ENTERPRISE AGREEMENT 2017

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 APRIL 2018

Application for approval of the City of Rockingham Outside Workforce Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the City of Rockingham Outside Workforce Enterprise 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 Rockingham. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards 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 was approved on 11 April 2018 and, in accordance with s.54, will operate from 18 April 2018. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Rockingham sought approval for the Outside Workforce Enterprise Agreement 2017 from the Fair Work Commission. The dispute centred on the terms of employment for the city's outside workforce, specifically concerning pay rates, conditions, and the scope of employment. The matter was heard by the Fair Work Commission, an independent statutory body with jurisdiction over employment disputes in Australia.

The primary legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and if it adequately met the needs of the workforce. The Commission needed to assess the fairness and reasonableness of the proposed terms, including whether they provided adequate protections and benefits to the employees. Additionally, the Commission considered the application of the agreement to existing employees and any potential impact on their existing entitlements.

The Commission found that the agreement met the legislative requirements and was fair and reasonable. It concluded that the proposed pay rates and conditions were appropriate, taking into account the nature of the work and the employer's capacity to pay. The Commission also noted that the agreement provided for adequate protections for employees, including provisions for leave, overtime, and other employment benefits. The Commission approved the application and issued a certificate of registration for the agreement, which will apply to all employees covered by the agreement.

The Fair Work Commission approved the City of Rockingham Outside Workforce Enterprise Agreement 2017, certifying it under the Fair Work Act 2009. This decision ensures that the terms of employment for the outside workforce are legally compliant and fair, providing a stable framework for both the employer and 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