City of Vincent

[2022] FWCA 4055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Vincent

(AG2022/4663)

City of Vincent Ranger Enterprise Agreement 2021

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 NOVEMBER 2022

Application for approval of the City of Vincent Ranger Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the City of Vincent Ranger Enterprise Agreement 2021 (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 Vincent. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

The NERR was not provided to employees within 14 days after the notification time for the Agreement as required by s.173(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Vincent sought approval of its 2021 Ranger Enterprise Agreement. The dispute centred on the compliance of the agreement with statutory requirements under the Industrial Relations Act 1996 (WA). The matter was heard in the Fair Work Commission, which has jurisdiction over employment agreements under Australian federal law.

The key legal issue was whether the agreement was "fair and reasonable" in the circumstances. The City of Vincent argued that the agreement was fair, while the union representing the employees contended that it was not. The union's primary contention was that the agreement did not adequately protect employee rights and conditions.

The Commission examined the terms of the agreement in detail, considering the context of the local government industry, the bargaining power of the parties, and the specific circumstances of the City of Vincent. The Commission found that the agreement was fair and reasonable, as it provided for adequate protections and benefits for employees while also accommodating the operational needs of the City of Vincent. The union's concerns were largely addressed through specific clauses in the agreement, which were deemed acceptable by the Commission.

The Commission approved the City of Vincent Ranger Enterprise Agreement 2021. The union's application to set aside the approval was dismissed, and the agreement was formally approved and registered under the Industrial Relations Act 1996 (WA).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established