City of Vincent

[2014] FWCA 8518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Vincent
(AG2014/8122)

CITY OF VINCENT COLLECTIVE AGREEMENT - RANGERS 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 28 NOVEMBER 2014

Application for approval of the City of Vincent Collective Agreement - Rangers 2014.

[1] An application has been made for approval of an enterprise agreement known as the City of Vincent Collective Agreement - Rangers 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 Vincent. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Vincent applied to the Fair Work Commission for approval of a collective agreement concerning the employment of rangers. The union representing the rangers contested the application, arguing that the agreement was not made in good faith and did not adequately address certain workplace issues. The central dispute hinged on the interpretation of the relevant provisions of the Fair Work Act and the extent to which the agreement complied with those provisions.

The legal issues before the court involved determining whether the City of Vincent had acted in good faith in the negotiation and conclusion of the agreement, and whether the agreement itself met the statutory requirements for approval under the Fair Work Act. The union's arguments focused on perceived deficiencies in the negotiation process and the content of the agreement, particularly regarding procedural fairness and the provision of certain benefits and conditions for the rangers.

The Fair Work Commission found that the City of Vincent had acted in good faith during the negotiation process and that the collective agreement met the statutory requirements for approval. The Commission emphasised that the negotiation process was thorough and that the union had been given adequate opportunities to contribute to the discussions. Regarding the content of the agreement, the Commission concluded that it provided for fair and reasonable terms and conditions of employment, and that it did not disadvantage the rangers in any significant way. Consequently, the application for approval was upheld.

The Commission approved the collective agreement and directed that it be registered. The union's application to set aside the approval was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established