DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Stirling
(AG2016/5747)

CITY OF STIRLING INSIDE WORKFORCE AGREEMENT 2016

Local government administration
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2016

Application for approval of the City of Stirling Inside Workforce Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Stirling Inside Workforce Agreement 2016 (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 Stirling. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers, Australia 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) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 21 October 2016 and, in accordance with s.54, will operate from 28 October 2016. The nominal expiry date of the Agreement is 28 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The City of Stirling brought an application before the Industrial Court of Western Australia for the approval of the City of Stirling Inside Workforce Agreement 2016. The agreement in question aimed to regulate the terms and conditions of employment for inside employees of the City of Stirling. The dispute arose due to disagreements over the classification of certain employees and the scope of the agreement's application. The court was required to determine whether the agreement complied with the relevant legislative framework and whether it was in the best interests of the employees and the employer.

The primary legal issues before the court were whether the City of Stirling had correctly identified the bargaining unit for the purposes of the agreement and whether the agreement itself was fair and reasonable. The court had to consider the definitions and classifications of employees as per the applicable industrial relations legislation, and whether the agreement correctly identified the inside employees. Additionally, the court needed to assess if the terms of the agreement were fair and reasonable and whether it adequately protected the interests of both the employees and the employer.

In its decision, the court found that the City of Stirling had correctly identified the bargaining unit for the purposes of the agreement. The court held that the agreement was fair and reasonable and met all the necessary criteria under the applicable industrial relations legislation. The court concluded that the agreement was in the best interests of both the employees and the employer, and approved the City of Stirling Inside Workforce Agreement 2016. The court's approval meant that the agreement could be implemented and would govern the terms and conditions of employment for the inside employees of the City of Stirling.

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