City of Rockingham

[2014] FWCA 8764

[2014] FWCA 8764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Rockingham
(AG2014/9910)

CITY OF ROCKINGHAM OUTSIDE WORKFORCE ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 5 DECEMBER 2014

Application for approval of the City of Rockingham Outside Workforce Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the City of Rockingham Outside Workforce Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the City of Rockingham. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[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) of the Act I note that the Agreement covers the organisation.

[5] The consultation term in the Agreement does not include the mandatory requirements of s.205 of the Act that the employer consult employees about a change to their regular roster or ordinary hours of work, and

• provides information to the employees about the change; and



• invites the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and



• considers any views given by the employees about the impact of the change; and



• allows for the representation of those employees for the purposes of that consultation.

Consequently pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2014. The nominal expiry date of the Agreement is 1 June 2017.

COMMISSIONER

 1   Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009

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