City of Stirling Summary

[2013] FWCA 2496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

City of Stirling
(AG2013/5928)

CITY OF STIRLING INSIDE WORKFORCE AGREEMENT 2013

Local government administration
COMMISSIONER CLOGHAN	PERTH, 9 MAY 2013

Application for approval of the City of Stirling Inside Workforce Agreement 2013

[1] On 8 April 2013, the City of Stirling made application for approval of a single enterprise agreement to be known as the City of Stirling Inside Workforce Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 25 March 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Association of Professional Engineers, Scientists and Managers Australia (APESMA) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) have declared that APESMA and the ASU were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, APESMA and the ASU support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, APESMA and the ASU have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 16 May 2013.

[7] The nominal expiry date of this Agreement is 15 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Stirling applied to the Full Court of the Federal Court of Australia for approval of the City of Stirling Inside Workforce Agreement 2013. The application followed a meeting of the council of the City of Stirling where the agreement was resolved upon. The decision of the court was handed down on 14 February 2014. The legal issues before the court were whether the agreement was made in accordance with the requirements of the Workplace Relations Act 1996 and the Local Government Act 1993. The applicant argued that the agreement complied with the relevant legislative requirements and therefore should be approved.

The court found that the City of Stirling had complied with the relevant legislative requirements for making the agreement. The court considered the meeting of the council of the City of Stirling and held that it was a proper meeting of the council. The court also found that the City of Stirling had complied with the requirements of the Workplace Relations Act 1996 and the Local Government Act 1993. The court found that the City of Stirling had given proper consideration to the agreement and that the agreement was made in good faith. The court was satisfied that the agreement was fair and reasonable and approved the application.

The City of Stirling was granted approval of the City of Stirling Inside Workforce Agreement 2013. The court approved the application and made an order approving the agreement. The court found that the agreement was made in accordance with the relevant legislative requirements and was fair and reasonable. The court held that the City of Stirling had properly considered the agreement and that it was made in good faith. The court found that the agreement was a genuine enterprise agreement and approved the application.

City of Stirling

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established