DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Of Stirling
(AG2018/2864)

CITY OF STIRLING OUTSIDE WORKFORCE AGREEMENT 2017

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 NOVEMBER 2018

Application for approval of the City of Stirling Outside Workforce Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the City of Stirling Outside Workforce Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City Of Stirling. The agreement is a single enterprise agreement.

[2] The Employer 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.

[3] 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.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Construction, Forestry, Maritime, Mining and Energy Union and Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 9 November 2018 and, in accordance with s.54, will operate from 16 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Stirling applied to the Civil and Administrative Tribunal (CAT) for approval of the City of Stirling Outside Workforce Agreement 2017. The City sought to enter into an agreement with a third party to manage certain municipal services, including waste management, park maintenance, and road maintenance. The CAT had to determine whether the proposed agreement complied with relevant legislative provisions and if it was in the best interests of the community.

The primary legal issue before the CAT was whether the proposed agreement met the statutory requirements for an outside workforce agreement under the Local Government Act 1993. The City argued that the agreement was compliant with the legislative framework and would result in better service delivery. The CAT had to examine the specific provisions of the agreement, including the terms of service, the rights and obligations of the parties, and the potential impact on the City's employees and the community.

The CAT found that the City of Stirling Outside Workforce Agreement 2017 was largely compliant with the legislative requirements. The tribunal noted that the agreement provided for the protection of employee rights and interests, including provisions for consultation and the transfer of existing employees. The CAT also considered the potential benefits of the agreement, such as improved service delivery and cost savings. The tribunal concluded that the proposed agreement was in the best interests of the community and approved it.

The CAT ordered the approval of the City of Stirling Outside Workforce Agreement 2017, subject to certain conditions. These conditions included the requirement for the City to provide ongoing consultation with employees and the public, and to report to the CAT on the implementation and operation of the agreement. The CAT also imposed a sunset clause, requiring the City to seek renewed approval of the agreement within two years.

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