City of South Perth

[2022] FWCA 1527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of South Perth

(AG2022/1239)

City of South Perth Workforce Enterprise Agreement 2022

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 10 MAY 2022

Application for approval of the City of South Perth Workforce Enterprise Agreement 2022

City of South Perth has made an application for the approval of an enterprise agreement known as the City of South Perth Workforce Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union and the Australian Municipal, Administrative, Clerical and Services Union (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 10 May 2022 and, in accordance with s 54, will operate from 17 May 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the City of South Perth brought an application seeking approval of the 2022 Workforce Enterprise Agreement. The agreement was submitted to the Commission by the City of South Perth following negotiations with the relevant employee unions. The primary dispute centred on the terms and conditions of employment, including wages, working hours, and other workplace provisions.

The legal issues before the Commission involved verifying whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly focusing on the requirements for genuine negotiation and the overall fairness of the terms. The Commission had to assess whether the agreement met the statutory criteria for approval, such as ensuring it did not prejudice employees’ rights and interests and that it was negotiated in good faith.

The Commission considered the evidence provided by both parties, including the negotiation process and the terms of the agreement. It was noted that the negotiation process was robust and that the terms of the agreement were fair and reasonable. The Commission found that the agreement met the legislative criteria and approved it. The Commission highlighted the importance of the agreement in maintaining fair and productive workplace relations within the City of South Perth. The approval of the agreement was a significant step in ensuring that the terms of employment were fair and equitable for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established