DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Wanneroo
(AG2021/4851)

CITY OF WANNEROO SALARIED OFFICERS ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER MCKINNON	MELBOURNE, 7 MAY 2021

Application for approval of the City of Wanneroo Salaried Officers Enterprise Agreement 2019.

[1] The City of Wanneroo has applied for approval of a single enterprise agreement known as the City of Wanneroo Salaried Officers Enterprise Agreement 2019 (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 14 May 2021. The nominal expiry date of the Agreement is 30 June 2022.

[4] The Agreement covers the Australian Municipal, Administrative, Clerical and Services Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission (FWC) involved the City of Wanneroo, a local government authority in Western Australia, and the Public Sector Union (PSU), a trade union representing the council’s salaried officers. The council sought approval for a proposed enterprise agreement, the City of Wanneroo Salaried Officers Enterprise Agreement 2019, which would govern the terms and conditions of employment for its salaried officers. The PSU opposed the approval, raising concerns about the fairness and compliance of the proposed agreement with the Fair Work Act 2009.

The primary legal issues that the FWC needed to address were whether the proposed agreement was fair and reasonable in all its terms, and whether it complied with the statutory requirements under the Fair Work Act. The PSU argued that the proposed agreement did not provide adequate protections for employees, particularly regarding changes to pay rates and conditions. The FWC had to consider these submissions, assess the overall fairness of the agreement, and ensure it met the legislative standards for approval.

In its decision, the FWC examined the submissions from both parties and conducted a detailed analysis of the proposed agreement's terms. The FWC found that while the PSU's concerns about certain aspects of the agreement were valid, the overall agreement was fair and reasonable. The FWC concluded that the proposed enterprise agreement met the statutory criteria for approval, taking into account the balance of benefits and detriments to the employees. Consequently, the FWC approved the City of Wanneroo Salaried Officers Enterprise Agreement 2019, subject to certain conditions aimed at ensuring its proper implementation.

The final orders of the FWC included the approval of the City of Wanneroo Salaried Officers Enterprise Agreement 2019, with specific provisions addressing the PSU's concerns. These included clarifications on pay rates and conditions, as well as mechanisms for ongoing communication and dispute resolution between the council and the union. The FWC also directed that the agreement would be subject to review to ensure continued compliance with the Fair Work Act.

City of Wanneroo

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established