DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Wanneroo
(AG2019/3971)

CITY OF WANNEROO FLEET SERVICES ENTERPRISE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 OCTOBER 2019

Application for approval of the City of Wanneroo Fleet Services Enterprise Agreement 2019

[1] City of Wanneroo has made an application for approval of an enterprise agreement known as the City of Wanneroo Fleet Services Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 October 2019 and, in accordance with s 54, will operate from 7 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Wanneroo sought approval of the 2019 Fleet Services Enterprise Agreement, which was contested by the Australian Services Union. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The key legal issues were whether the agreement provided for the employees' terms and conditions of employment, and whether it complied with the 'better off overall test', ensuring that employees were not worse off under the agreement than they would be under their existing awards.

The Commission examined the agreement's provisions, taking into account submissions from both parties. It considered whether the agreement appropriately balanced the interests of the employees and the employer, ensuring that the agreement was fair and reasonable. The Commission also assessed whether the agreement met the requirements of the 'better off overall test', which necessitates that employees are not disadvantaged by the terms of the agreement compared to their previous conditions under the applicable awards. After thorough analysis, the Commission found that the agreement satisfied the necessary criteria and was thus approved.

In its decision, the Fair Work Commission determined that the City of Wanneroo Fleet Services Enterprise Agreement 2019 was fair and reasonable, and met the 'better off overall test'. The Commission was satisfied that the agreement provided for the employees' terms and conditions of employment and did not result in employees being worse off than they would be under their existing awards. Consequently, the Commission approved the agreement, and the City of Wanneroo is now authorised to implement the terms of the agreement.

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