City of Wanneroo

[2021] FWCA 7087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Wanneroo
(AG2021/8547)

CITY OF WANNEROO ASSET OPERATIONS ENTERPRISE AGREEMENT 2020

Local government administration
COMMISSIONER WILSON	MELBOURNE, 13 DECEMBER 2021

Application for approval of the City of Wanneroo Asset Operations Enterprise Agreement 2020

[1] An application has been made for approval of an enterprise agreement known as the City of Wanneroo Asset Operations Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City of Wanneroo. The Agreement is a single enterprise agreement.

[2] 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.

[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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Wanneroo sought approval for the 2020 Asset Operations Enterprise Agreement. The applicant, an employer under the Fair Work Act 2009, applied to the Fair Work Commission for an order approving the proposed agreement. The applicant argued that the agreement complied with the requirements of the Act. The application was opposed by a union representing some of the employees covered by the agreement.

The central legal issue was whether the agreement met the criteria for approval under section 233 of the Fair Work Act. Specifically, the court needed to determine if the agreement provided for a fair and efficient workplace, and whether it had been made in good faith. The union argued that the agreement did not adequately address certain issues, including pay rates and the process for resolving disputes.

The Fair Work Commission examined the agreement in detail, considering the evidence and submissions from both parties. The Commission found that the agreement was fair and efficient, as it provided for reasonable terms and conditions of employment. It also found that the agreement had been made in good faith, as the applicant had engaged in genuine bargaining with the union. The Commission approved the agreement, noting that it would provide for a stable and productive workplace.

The Fair Work Commission approved the City of Wanneroo Asset Operations Enterprise Agreement 2020, finding that it met the requirements of the Fair Work Act. The agreement provides for fair and efficient terms and conditions of employment, and was made in good faith. The Commission's approval of the agreement will ensure a stable and productive workplace for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established