City of Stirling

[2014] FWCA 7552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Stirling
(AG2014/9136)

CITY OF STIRLING OUTSIDE WORKFORCE AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 24 OCTOBER 2014

Application for approval of the City of Stirling Outside Workforce Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the City of Stirling Outside Workforce Agreement 2014 (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] 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 Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the City of Stirling, which applied to the Civil and Administrative Tribunal (CAT) for approval of its Outside Workforce Agreement 2014. The dispute centred on whether the agreement was consistent with the relevant legislation and if it provided adequate protections for employees. The CAT was tasked with determining the validity of the application.

The primary legal issue before the CAT was whether the City of Stirling's Outside Workforce Agreement 2014 complied with the legislative framework governing local government employment. Specifically, the tribunal examined whether the agreement met the requirements under the Local Government Act 1993 and if it provided appropriate safeguards for workers employed under the agreement. The CAT had to consider whether the agreement appropriately balanced the interests of the council and its employees.

In making its decision, the CAT carefully reviewed the contents of the agreement and compared it against statutory provisions. The tribunal found that the agreement substantially complied with the legislative requirements and did offer adequate protections for employees. The CAT approved the City of Stirling's Outside Workforce Agreement 2014, acknowledging that it was consistent with the law and appropriately safeguarded the interests of the workforce.

No further orders were made beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established