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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved the City of Rockingham, which sought approval for its Outside Workforce Enterprise Agreement 2014. The dispute centred on the terms and conditions of employment for the city's outside workforce, including issues such as wages, leave entitlements, and other employment-related matters. The FWC was required to determine whether the proposed agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009.

The central legal issues addressed by the FWC were whether the proposed agreement provided for minimum entitlements as mandated by the Fair Work Act, and if it adhered to the procedural requirements for enterprise agreements. The City of Rockingham argued that the agreement was fair and reasonable, while the unions representing the outside workforce contended that certain terms were unfair and did not provide adequate protections for employees.

The FWC concluded that the proposed agreement was compliant with the statutory requirements under the Fair Work Act. The Commission found that the agreement provided for minimum entitlements, including fair wages and leave provisions, and that it had been negotiated in good faith. The FWC also determined that the procedural requirements for the agreement had been met, as evidenced by the consultation processes and the resolution of disputes through the Commission's conciliation and arbitration mechanisms. As a result, the FWC approved the City of Rockingham Outside Workforce Enterprise Agreement 2014.

In its decision, the FWC ordered the approval of the City of Rockingham Outside Workforce Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms and conditions. The unions' objections were dismissed, and the agreement was set to govern the employment conditions of the outside workforce within the City of Rockingham.

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