City of Rockingham

[2016] FWCA 1058

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Rockingham

(AG2015/7875)

CITY OF ROCKINGHAM ENTERPRISE AGREEMENT 2015

Local government administration

COMMISSIONER ROE

MELBOURNE, 18 FEBRUARY 2016

Application for approval of the City of Rockingham Enterprise Agreement 2015

[1] An application has been made for approval of an enterprise agreement known as the

City of Rockingham Enterprise Agreement 2015 (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 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.
[2016] FWCA 1058

[5] The Agreement was approved on 18 February 2016 and, in accordance with s.54, will

operate from 25 February 2016. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1058

Annexure A

CaseChat Overview and Summary

The City of Rockingham applied to the Fair Work Commission for approval of an enterprise agreement, the City of Rockingham Enterprise Agreement 2015, under section 185 of the Fair Work Act 2009. The application was made by the City of Rockingham, and the Agreement was intended to be a single enterprise agreement. The Australian Municipal, Administrative, Clerical and Services Union, a bargaining representative for the Agreement, indicated that it wanted the Agreement to cover its members.

The primary legal issues the Fair Work Commission had to decide were whether the Agreement met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act and whether the group of employees covered by the Agreement was fairly chosen. The Commissioner was satisfied that the requirements of these sections had been met, and the Agreement would not cause financial detriment to any employee or result in substantial changes to the Agreement. The Commissioner also determined that the group of employees covered by the Agreement was fairly chosen, taking into account the relevant factors.

The Fair Work Commission approved the City of Rockingham Enterprise Agreement 2015, subject to the written undertakings provided by the City of Rockingham. The Agreement was approved on 18 February 2016 and would operate from 25 February 2016, with a nominal expiry date of 1 March 2018. The Agreement was also noted to cover the Australian Municipal, Administrative, Clerical and Services Union as a bargaining representative.

The Fair Work Commission approved the City of Rockingham Enterprise Agreement 2015, subject to the written undertakings provided by the City of Rockingham. The Agreement was approved on 18 February 2016 and would operate from 25 February 2016, with a nominal expiry date of 1 March 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established