City of South Perth

[2013] FWCA 6434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of South Perth
(AG2013/8684)

CITY OF SOUTH PERTH INSIDE WORKFORCE ENTERPRISE AGREEMENT 2013-2016

Local government administration
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 SEPTEMBER 2013

Application for approval of the City of South Perth Inside Workforce Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the City of South Perth Inside Workforce Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the City of South Perth sought approval for the Inside Workforce Enterprise Agreement 2013-2016. The City argued the agreement met the requirements for an enterprise agreement, including the pay and conditions of employees in its inside workforce. The dispute arose as the City's employees, represented by the Australian Services Union (ASU), contested certain provisions of the agreement, particularly those relating to pay and other conditions. The Fair Work Commission was required to determine whether the agreement complied with the Fair Work Act 2009 and whether it had been fairly and genuinely negotiated.

The Commission examined the process by which the agreement was negotiated, including the conduct of the City and the ASU. The Commission also considered whether the agreement contained appropriate provisions for pay and conditions, and whether it met the requirements for a "single interest" enterprise agreement. The Commission found that the negotiation process had been fair and genuine, and that the agreement contained appropriate provisions for the employees' pay and conditions. The Commission also concluded that the agreement met the requirements for a "single interest" enterprise agreement, as it related to the inside workforce of the City of South Perth.

Accordingly, the Commission approved the Inside Workforce Enterprise Agreement 2013-2016, finding that it complied with the Fair Work Act 2009 and had been fairly and genuinely negotiated. The agreement was registered on 1 April 2013 and remained in effect until 31 March 2016. The Commission's decision provides guidance on the requirements for approving enterprise agreements and the importance of fair and genuine negotiation processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established