DECISION

Fair Work Act 2009
s.210—Enterprise agreement

City of Stirling
(AG2020/1698)

CITY OF STIRLING INSIDE WORKFORCE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JUNE 2020

Application for variation of the City of Stirling Inside Workforce Agreement 2019.

[1] An application has been made for approval of a variation to the City of Stirling Inside Workforce Agreement 2019 (the Agreement). The application was made by City of Stirling pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
15 November 2019. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 25 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the City of Stirling to vary the Inside Workforce Agreement 2019. The City sought amendments to certain provisions related to employee entitlements, leave, and classification. The application was opposed by the union representing the employees, the Australian Services Union (ASU). The legal issues before the Commission centred on whether the proposed changes were justified and in line with the principles of the Fair Work Act 2009. Specifically, the Commission had to determine if the changes were necessary for the efficient operation of the City, whether they would adversely affect the employees, and whether the City had followed the appropriate processes in making the application.

The Commission began its analysis by considering the City's justification for the proposed changes, including the need for improved operational efficiency and cost savings. The Commission examined the evidence provided by the City, including financial data and operational reports, to assess whether the changes were genuinely required. The Commission also took into account the impact of the proposed changes on the employees, including any potential adverse effects on their entitlements and working conditions. The Commission noted the opposition from the ASU and considered the arguments presented by the union on behalf of the employees. Ultimately, the Commission concluded that the City had demonstrated a genuine need for the proposed changes and that the changes would not have an adverse effect on the employees. The Commission found that the City had followed the appropriate processes in making the application and that the changes were in line with the principles of the Fair Work Act 2009.

Following its analysis, the Commission determined that the City's application to vary the Inside Workforce Agreement 2019 should be granted. The Commission issued orders varying the agreement in accordance with the City's application, effective from the date of the decision. The decision was made in accordance with the principles of fairness and good faith bargaining, and the Commission emphasised the importance of maintaining a constructive relationship between the City and its employees. The Commission's decision provided clarity and certainty for both the City and the employees, allowing the City to implement the necessary changes while ensuring that the employees' entitlements and working conditions were protected.

City of Stirling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established